Application Research On Arbitration In The Insurance Contract Dispute

Since the insurance business in China was restored in the 1980 s,the insurance financial services industry has been developed rapidly in China.On the one hand,because people are gradually aware of the insurance it plays an important role in the whole social and economic development.And on the other hand,the function and nature of insurance can be transferred to the risk of the insured to reduce the economic loss the decision is made.But at the same time,the increase of insurance contract also leads to the increase of insurance contract dispute cases.Every industry has its problems,and insurance is no exception.Insurance dispute as the normal development of the insurance industry,is inevitable.Materialist dialectics tells us that when we find contradictions,we should actively face it,grasp the best opportunity,and then promote the transformation of contradictions.Therefore,in the face of insurance disputes,what we need to do is how to deal with it efficiently and properly,which can protect the interests of consumers,it will not reduce the public trust in insurance companies.When a dispute occurs,the most common solution in real life is to resort to the courts for judicial relief.However,whether it is from the perspective of the insurance consumers own position,or for the insurance company,or from the perspective of the ability of the court itself to accept the case,it is becoming more and more difficult to solve the insurance contract disputes through litigation.The insurance contract is a special civil and commercial contract,which is highly professional,with a great disparity in strength between the two parties,and a higher incidence of disputes,the settlement of disputes is quite different from that of general contracts.At present,in addition to litigation,the settlement of insurance contract disputes are: arbitration,mediation,administrative dispute resolution mechanism,private relief.The author thinks that the advantage of applying arbitration to solve insurance contract disputes is more outstanding.On the one hand,the confidentiality of arbitration is better than other channels;in addition,the members of the arbitration tribunal have corresponding knowledge reserves,and many arbitrators are practitioners in the industry,so their participation in arbitration is more conducive to disputes to solve the problem;moreover,the arbitration has the characteristic of final award,which is conducive to improving the efficiency of dispute resolution.In this article,the author introduces some obstacles encountered in the practical application of arbitration in China,such as legislation lagging behind,unreasonable design of the arbitration system,the arbitration procedure lacks flexibility and so on.After analyzing the cases,the paper combines the current situation of the United States and the United Kingdom in applying arbitration to solve the insurance disputes,the advantages of applying arbitration to solve the insurance dispute and the benefits to the insurer are put forward.Some feasible measures to be taken to strengthen arbitration in handling insurance disputes are put forward.In order to promote the development of the insurance industry,solve insurance disputes,safeguard the interests of insurance consumers.