The Research On The Binding Effect Of Arbitration Clause On Insurance Subrogation Claimants

The so-called binding force of arbitration clause on the insurance subrogation claimant refers to whether the insurer should be bound by the arbitration clause agreed by the insured and the third party when exercising the subrogation right to the third party after settling the claim in the property insurance.At present,there is limited attention to this problem in the theoretical circle,and most of the existing researches only focus on this problem from a single point of view,which lacks systematicness.In judicial practice,due to the uncertainty in the application of law,there are serious differences in the decisions made by courts around the country on this issue.It can be said that this problem is a weak point in the current legal system of our country,which needs to be further explored and studied from the theoretical level.This paper is written in the logical order of putting forward,analyzing and solving problems.The text is divided into four parts except the introduction.The first part is the investigation of the current situation of the problem.By combing and analyzing the relevant laws,judicial interpretation provisions and relevant judicial practice,it reveals the current situation of the problem in China,and then provides the practical basis for the subsequent demonstration.The second part is the evidence that the insurer should be bound.From the perspective of the reasonable expectation interest of the third party,the operation benefit of the law,the legal effect of the legal transfer of creditor’s rights,the expansion of the effectiveness of arbitration agreement,and the common practice of foreign countries,this paper systematically demonstrates the rationality that the insurer should be bound by the arbitration clause by using the multi-disciplinary theoretical knowledge of substantive law,procedural law,legal economics,comparative law,etc.The third part is the exemption that the insurer should be bound by the arbitration clause.Through the analysis and demonstration,the author thinks that in the two exceptional cases of "lack of implied agreement" and "respect for autonomy of will",the insurer can not be bound by the arbitration clause,while "the insurer against" can not be regarded as the exemption.The fourth part summarizes the whole paper,draws a conclusion,and puts forward some suggestions.This paper studies the binding force of arbitration clauses on insurance subrogation claimants by combining legislation,practice at home and abroad and relevant theories,using normative research method,comparative research method and empirical research method.The purpose of this paper is to make a comprehensive analysis of this issue in theory,in order to get a reasonable conclusion and contribute a little to the proper solution of this problem.