GUARDCON contract for the employment of security guards on ships by BIMCO
Over 70 delegates gathered in London last Thursday to participate in what proved to be a highly interactive day-long session to discuss the core issues and practicalities of using the GUARDCON contract for the employment of security guards on ships. The seminar was moderated by Soren Larsen, Deputy Secretary General of BIMCO. Among the audience were representatives of the end users of the contract – ship owners and private maritime security companies – as well as those that advise them – the P&I clubs and law firms. The seminar provided a unique opportunity to hear from those actually responsible for drafting GUARDCON what considerations and issues had been taken into account.
The morning session was given over to detailed presentations on the key provisions of GUARDCON. The two lawyers from the drafting group, Elinor Dautlich of Holman Fenwick Willan and Stephen Askins of Ince & Co, outlined the thinking behind the clauses dealing with obligations, responsibilities and liabilities, while Chris South of the West of England P&I Club (who represented the International Group on the drafting team) explained the all-important insurance provisions.
In the afternoon, delegates heard from three speakers who gave their individual perspectives on GUARDCON. Andrew Moulton of Ascot Underwriters (who was the insurance underwriting representative on the drafting team) gave his insight into the benefits of using GUARDCON in terms of raising the bar in the security industry through the establishment of minimum insurance cover limits. Chris South challenged the audience with his views on the apparent slowness of states to take effective action to regulate the use of private maritime security companies (PMSCs) and the lack of minimum entry standards for start-up security companies. BIMCO’s GUARDCON, in his view, filled the vacuum created by lack of progress elsewhere, by providing an industry response regulating the relationship between shipowners and security companies and clearly defining obligations, responsibilities and liabilities. The third and final perspective was delivered by John Thompson of Ambrey Risk – a leading PMSC and user of the GUARDCON contract. John provided a frank view of the issues faced by PMSCs under GUARDCON and highlighted some of the difficulties they faced if owners did not properly implement other measures to protect their vessel as recommended by Best Management Practices.
The practical aspect of getting access to and completing the electronic version of GUARDCON from BIMCO’s website editor, idea, was explained by Grant Hunter, BIMCO’s Chief Officer Legal and Contractual Affairs. The afternoon concluded with a presentation by Giles Noakes, BIMCO’s Chief Maritime Security Officer, of BIMCO’s Guidance on the Rules for the Use of Force – a document which is playing an increasingly important role in the deliberations on establishing an international standard for rules for the use of force used by the maritime industry.
In summing up the highly successful seminar, Soren Larsen said that “the very positive comments received during this seminar confirm BIMCO’s belief that GUARDCON has proved to be a significant milestone in the process towards effectively regulating the use of armed guards in the maritime industry. It took the very hard-working drafting team just three months to put GUARDCON together, but their efforts are certainly well-rewarded by the positive feedback from users. There is no doubt that GUARDCON has hit the spot”.
Source: BIMCO
