The Research On The Insurance Issues In The Private Armed Security Standard Contract

The proliferation of piracy pose a threat to both shipowners and the owners of cargo, involving many shipping nations’interests. Although shipowners, the owners of cargo and even many countries are all actively trying to avoid pirate attacks, but the effect limited. Private armed guards emerge as the times require, they conform to the requirements of the international community, BIMCO lasted three months finishing the formation of the first draft of armed security standard contract. Experts spend several meetings to discuss, and collect marine security companies, marine insurance companies, even all the interests parties, then formally announced the text, to clarify the legal theory for private security on the sea in March2012. In this standard contract, insurance clause has many characteristics, and they are worth of being discussing.The second part mainly discusses about the insurance issues embodied in the standard contract, along with the liability and indemnity clause, license clause and some other issues as a basis of the systems, as the core of armed security standard contract. Insurance clause reflects the mandatory characteristic, which makes the security standard contract have a strong theoretical debate. Through the deep analysis, despite the armed security standard contract highlights the insured compulsory mandatoryly, but contrast to the system of compulsory insurance, they still have many differences. At the same time, the drafting committee recommends the use of operation mode of the packaged insurance,and the use of refinement rules for the force, these all make the contract with many theoretical controversies. However, in addition to the main problems, such as insurance scope, liability for breach the contract, processing settlement, limitation to the subrogation, necessary complement of the vicarious liability of employers, impact of using force on the validity of the contract, all these insurance legal problems are worth discussing.The third chapter mainly discusses about the restrictions on the application of law of the insurance clause under the China’s current law environment. Private armed guards originated in Britain and other European countries, GUARDCON drafting groupmembers are also constituted by European and American experts. How will the standard contract be applied under the existing law environment in China? What supports can we give are both worth thinking. At present, under the existing law enviroment, insurance company’s business scope, the attitude to the private arms controlling, the specific risk types of establishing and the level of development, are all affecting the application of private armed security standard contract in China. Overall armed security standard contract’s application is short of many conditions nowadays.