中国海事商事仲裁资讯2023年第4季度,2023Q4

China Newsletter on Maritime and Commercial Arbitration (CHNOMACA)

BIMCO Force Majeure Clause 2022 and SEV-GUARDCON launched

FROM:CMAC | 2022-03-31

In January 2022, BIMCO launched the Force Majeure Clause 2022 and the  security escort vessels (SEVs) GUARDCON. The new BIMCO Force Majeure Clause 2022 provides a comprehensive “code” for the parties to help tackle with situations arising from unexpected events impacting the performance of the contracts. It is a “model” clause designed for use with all types of agreements. This means that parties may need to adapt it to suit the specific needs of their contract and should look carefully at the wording and the explanatory notes before using the clause.

BIMCO’s new standard contract for security escort vessels, SEV-GUARDCON, is now available, accompanied by explanatory notes. SEV-GUARDCON is BIMCOs new standard contract for employing security escort vessels to accompany merchant ships in high threat areas such as the Gulf of Guinea. At a time when the risk of piracy attacks continues to be a major threat to commercial shipping, BIMCOs new contract provides a valuable benchmark for owners and contractors when contracting security escort vessels. It provides a balanced and clearly worded framework with liability and minimum insurance requirements mirroring those of the original GUARDCON. The drafting team included shipowners and operators, private maritime security companies, P&I Clubs, marine insurers and legal advisors. (source: bimco.org)