Research On The Pre-clauses Of The Litigation/arbitration Procedures Of Export Credit Insurance Contracts

This thesis mainly discusses the obligations of insurant to confirm disputing receivables through legal proceedings or arbitration before claiming payment in the export credit insurance contract.It consists of three chapters.Chapter one clarifies the concept of the term in the export credit insurance contract,distinguishes similar jargons and compares relevant terms in other countries' insurance policies to defines and delimit this term.The legal nature of the term and main legal disputes were also discussed in this part.Chapter two seeks to analyze the validity of this term after identifying the applicable law.Through reestablishing the principle of “No guarantee of payment of disputed items” in export credit insurance and analyzing specific rights and obligations of the insurer and the insurant,this thesis recognizes this term as a valid standard term.The insurers shall be restricted through interpreting the word “dispute” in this term.Chapter three not only states the value of this term,but also evaluates the risks from the perspectives of jurisdiction clause,application of law and potential commercial risks.It proposes a potential development prospects of this term in which short-term export credit insurance gradually transforms to commercial insurance while medium and long-term export credit insurance remains policy-oriented non-profit insurance.