The Binding Force For Arbitration Agreement On Insurance Subrogation Claimant

Arbitration has always played an important role in international business trade.Firstly,it is relatively more neutral and fairer in international trade disputes.Secondly,arbitral awards are enforceable internationally.Thirdly,arbitral institutions have rich experience in solving business trade disputes.Fourthly,arbitral procedures are more flexible than court procedure.Finally,the confidentiality of the arbitration procedure is higher.Arbitration has many advantages,so it is especially favored by business traders.In business trade practice,many traders have signed arbitration agreements.With the increase of international trade exchanges,business insurance,as an important way to reduce the risk of freight transport,has also occupied an increasingly important position.In the practice of business insurance,the insurer will face a problem when exercising subrogation right after paying compensation,which is,whether the arbitration agreement signed between the insured and the third party is valid for the insurer.This issue often leads to jurisdictional disputes,and the legal community have not yet consent on this issue,the judicial practice of various countries and regions are not consistent.China’s judicial organs have also made inconsistent judgments,but in recent years China’s Supreme People’s Court has made the relevant replies in the opinion has converged,denying the application of arbitration agreement to the insurer in subrogation case.Although the Supreme People’s Court of China has explicitly denied the validity of the arbitration agreement to the insurer in its judicial interpretation and the reply to the above-mentioned arbitration jurisdiction,it has not yet made a clear provision in the law.By introducing the legal nature of business insurance subrogation and combining with judicial practice,this paper analyzes the expansion of the validity of arbitration agreement in business insurance subrogation.This paper is divided into three parts:introduction,main body and conclusion.The main body is divided into four chapters,which are as follows:Chapter One expounds subrogation in business insurance,briefly describes the definition of subrogation,and analyzes the legal nature of subrogation in business insurance.Chapter Two combining with judicial practice,analyzes the expansion of the validity of the arbitration agreement in the subrogation right of business insurance in China,analyze the reasons why the judicial organ finds that the arbitration agreement does not have binding effect on the insurer.analyzes the legal obstacles which are difficult to break through in the privacy of arbitration agreement,such as the high degree of independence of arbitration agreement,the principle of privacy of contract,etc..Chapter Three expound the author’s viewpoint and reason.,expounds the theoretical basis of the expansion of the validity of arbitration agreement to a third party not signing the contract,analyzing the right of subrogation in business insurance from the angle of substantive rights and procedural rights;by discussing the subrogation nature of subrogation right;by comparing the subrogation right and the assignment of creditor’s rights.Chapter Four propose suggestions on establishing clear legal provisions on the effectiveness of arbitration agreements for insurers;supervision procedures for arbitration jurisdiction.