出口信用保险合同理赔条款的效力与适用——以“伯尔尼协会”成员单位的商业实践为借鉴

Translated title of the contribution: The Legal Validity and Application of the Claim Provisions in Export Credit Insurance Contracts: Taking the Commercial Practice of the Berne Union as An Example

Research output: Contribution to journalArticlepeer-review

Abstract

The claim provisions in export credit insurance contracts in China normally consist of the dispute resolution prerequisite clause and the waiting period clause, both of which could prolong the claim handling process, thereby being highly controversial in the industry. The court and arbitration tribunal should fully apply Article 17, 19 and 30 of the Insurance Law by following the “conclusion control-content control-contra proferentem interpretation” approach in a correct logical order. The commercial practice of the Berne Union members should also be taken into consideration. The dispute resolution prerequisite clause and the waiting period clause should be generally treated as valid, whereas some of the wording is not reasonable and hence needs to be revised. Where the former applies, the latter need not apply.
Translated title of the contributionThe Legal Validity and Application of the Claim Provisions in Export Credit Insurance Contracts: Taking the Commercial Practice of the Berne Union as An Example
Original languageChinese
Pages (from-to)54-68
JournalJournal of International Economic Law (国际经济法学刊)
Issue number1
Publication statusPublished - 1 Jan 2021

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