delay. Jurisdiction is governed by 28 U.S.C. § 1333 since the principal subject matter of the contract is maritime. Before me are the parties' cross-motions for summary judgment.
After considering the stipulations of facts submitted by the parties, the language of the charter form and the facts in the light most favorable to the plaintiff, I conclude that judgment could be entered in favor of the defendant on both the complaint and the counterclaim. A brief statement of the facts follows.
A. THE CHARTER FORMS
Plaintiff, the Shipping Corporation of India, and defendant, Sun Oil Company, entered into a contract of charter party dated January 9, 1979 (the first charter) and one dated December 10, 1979 (the second charter) under which the tanker MAHARSHI DAYANAND was to carry a port cargo of crude oil and/or dirty petroleum products. The charter form in each case was the ASBATANKVOY 1977 charter as modified by the parties. The ASBATANKVOY charter form is in all material respects identical to earlier versions entitled ESSONVOY and EXXONVOY 1969 charters. The key clauses in dispute are:
6. NOTICE OF READINESS. Upon arrival at customary anchorage at each port of loading or discharge, the Master or his agent shall give the Charterer or his agent notice by letter, telegraph, wireless or telephone that the Vessel is ready to load or discharge cargo, berth or no berth, and laytime, as hereinafter provided, shall commence upon the expiration of six (6) hours after receipt of such notice, or upon the Vessel's arrival in berth (i.e., finished mooring when at a sealoading or discharging terminal and all fast when loading or discharging alongside a wharf), whichever first occurs. However, where delay is caused to Vessel getting into berth after giving notice of readiness for any reason over which Charterer has no control, such delay shall not count as used laytime.