In order to give full play to the exemplary and leading role of typical cases in the diversified resolution of financial disputes, the State Administration of Financial Supervision and Administration and the Supreme People's Court jointly selected a batch of typical and exemplary cases of diversified resolution of financial disputes that involve industry universality and social concerns. They were publicly released to the society on December 19th.
To implement the major deployment requirements of the Central Committee of the Communist Party of China on adhering to and developing the "Fengqiao Experience" in the new era, adhere to putting non litigation dispute resolution mechanisms at the forefront, practice the political and people-oriented nature of financial work, and rely on the "General to General" online litigation and mediation docking mechanism established with the Supreme People's Court, the State Administration of Financial Supervision and Administration continues to do a good job in diversified dispute resolution in the financial field, effectively safeguarding the legitimate rights and interests of financial consumers.
The following characteristics are reflected in this batch of cases released on December 19th:
The synergistic effect of "court+industry" in resolving disputes is more prominent. There are various types of financial disputes and complex legal relationships. People's courts at all levels, in conjunction with financial management departments, guide industry mediation organizations to actively implement financial laws, regulations, and relevant policy requirements. In the process of resolving financial disputes, a "court+industry" diversified dispute resolution mechanism should be established, which not only fully plays the role of judicial protection, but also highlights the key hub role of industry resource integration, forms a joint force for dispute resolution, and releases the dual advantages of "1+1>2" in dispute resolution efficiency.
The policy orientation of mediation work is more distinct. Actively implementing national policies and requirements in the financial sector, implementing policies to alleviate difficulties for small and micro enterprises, balancing the sustainability of small and micro enterprise operations with the interests of creditors, and formulating practical and feasible repayment plans through negotiation to achieve win-win results. Implement policies related to financial services for agricultural development, effectively diversify agricultural risks, effectively reduce farmers' losses due to disasters, and reflect the social security attributes of policy based agricultural insurance.
The effectiveness of the mediation system is fully unleashed. Integrating socialist core values into the diversified resolution of financial disputes, using neutral, flexible, and diverse mediation methods to enable financial institutions and financial consumers to negotiate in a friendly and fair manner. Through complex dispute facts and legal relationships, the focus of dispute resolution can be identified, legal principles, reasoning, and reasoning can be conveyed, dispute resolution resources can be saved, case settlement can be achieved, and a new trend of diversified resolution of financial disputes with goodwill and civilization can be created.
The effectiveness of innovative achievements in empowering mediation work is significant. In the resolution of financial disputes, the demonstration texts of prosecution and defense should be fully utilized to guide and facilitate the parties to choose mediation as the preferred way to resolve disputes. By presenting their demands comprehensively and clearly, quickly summarizing the focus of disputes, and improving the efficiency and accuracy of mediation for complex cases such as multiple responsible parties and multiple legal relationships, disputes can be efficiently, substantively, and comprehensively resolved.
Promoting the continuous improvement of the level of governance at the source of financial disputes through regulation. Adhere to the principle of "focusing on the front end and preventing diseases", while efficiently resolving financial disputes, actively promote financial and legal knowledge to financial consumers, make them aware of the illegal practices of loan intermediaries, deeply understand the real dangers of renting, lending, and selling bank accounts, consciously become law-abiding financial consumers, and prevent and reduce disputes from the source.
(Reporter Wang Lili)
Typical case of diversified resolution of financial disputes
catalogue
Case 1: Mediation of Loan Overdue Disputes for Small and Micro Enterprises
——The diversified dispute resolution mechanism of "court+industry" helps small and micro enterprises to overcome difficulties
Case 2: Mediation Case of Loan Overdue Dispute Caused by Illegal Loan Intermediary's "Low Interest" Fraud
——Industry mediation exposes illegal intermediary tactics to resolve disputes
Case Three: Mediation of Control Disputes Caused by Renting Bank Accounts
——Industry mediation resolves disputes through case law popularization
Case Four: Mediation of Liability Disputes in Complex Traffic Accidents Involving Multiple Vehicles
——Efficiently resolve disputes in multi vehicle chain collision traffic accidents using 'demonstration texts'
Case 5: Mediation case of fire claim dispute among sugar cane growers
——Professional mediation, precise loss assessment, safeguarding the rights and interests of sugarcane farmers
Case 6: Mediation of Foreign Freight Insurance Disputes
——Efficient resolution of cross-border transportation insurance disputes through industry mediation
Case One
Mediation case of overdue loan disputes for small and micro enterprises
——The diversified dispute resolution mechanism of "court+industry" helps small and micro enterprises to overcome difficulties
【 Basic Case 】
A certain company (small and micro enterprise) signed two "Working Capital Loan Contracts" with a bank, with a total loan principal of 6 million yuan and a term of 12 months. Due to factors such as rising raw material prices and delayed collection of accounts receivable, a certain company is facing operational difficulties and has failed to repay loan principal and interest on schedule. Two years after the contract was signed, the accumulated overdue principal and interest exceeded 2.83 million yuan. After multiple unsuccessful debt collection attempts, a certain bank filed a lawsuit demanding that a certain company fulfill its repayment obligations, and listed the company and its joint guarantor Li and mortgage guarantor Chen as co defendants. The court ruled in the first instance that a certain company must repay all its debts in a lump sum within a specified period of time, and Li and Chen shall bear joint and several liability. A certain company appealed against the verdict. Based on the "General to General" online litigation and mediation docking mechanism established by the Supreme People's Court and the State Administration of Financial Supervision and Administration, the second instance court, after seeking the consent of all parties, entrusts the local financial dispute mediation organization to carry out mediation in a "point-to-point" form and provides guidance on the mediation process.
Mediation Process and Results
After accepting the commission, the financial dispute mediation organization quickly engaged in in-depth communication with all parties involved. A certain company has a strong willingness to repay and has proposed an 11 installment repayment plan, stating that the current difficulties are temporary business fluctuations, with stable revenue in recent years. In the future, debts can be repaid through accounts receivable collection, and forced liquidation will lead to bankruptcy. A certain bank expressed concerns about debt risks and demanded a one-time repayment of all debts. Li raised objections to the scope of joint liability. Chen is concerned about the compulsory execution of the mortgaged property and demands a clear definition of the scope of guarantee responsibility. Mediators adopt a layered communication and dynamic adjustment strategy to promote dispute resolution step by step. One is comprehensive verification. The mediator reviewed and verified the financial statements, accounts receivable details, and collateral evaluation reports of a certain company in the past two years, and confirmed that the market value of accounts receivable and mortgaged properties is sufficient to cover the principal and interest of the debt. The second is benefit risk assessment and scheme coordination. The mediator comprehensively evaluates the debt protection of a certain bank and the operating conditions of a certain company, formulates a preliminary plan, and explains the benefits and risks to all parties involved. The mediator analyzed to a certain bank that if they insist on a one-time repayment, the company will face bankruptcy liquidation risks, and the disposal cycle of collateral is long and the discount rate is high. The actual repayment may not cover the loan principal and interest; The installment repayment plan can fully recover the loan principal and interest. The mediator also pointed out to a certain company that the installment repayment plan did not fully consider the risk of business fluctuations, and it is necessary to add a rigid clause in the mediation agreement regarding priority repayment upon receipt of accounts receivable. At the same time, it is clarified that Li shall bear joint and several liability for debts within the range of 6 million yuan, and Chen shall provide guarantees for the remaining debts with real estate. After analysis and clarification by the mediator, all parties have expressed their willingness to accept the plan. The third is online mediation and agreement signing. Mediators seize the window of convergence of interests among all parties and organize four parties to conduct online mediation. To strengthen risk management and control, a certain company is required to submit monthly financial statements; Li assumes joint and several liability for debt repayment; Chen mortgaged the property and registered the second priority mortgage to ensure the bank's priority right to repayment. The four parties ultimately signed a mediation agreement, and the court reviewed the mediation agreement and issued a mediation document, resolving the dispute properly.
Typical significance
This case is a typical dispute arising from overdue loans for small and micro enterprises due to rising operating costs and difficulties. Industry mediation organizations actively implement the national policy of relieving small and micro enterprises, balance the sustainability of enterprise operations and the interests of bank creditors based on the actual repayment ability and willingness of enterprises, negotiate and formulate practical and feasible repayment plans, and avoid exacerbating the operational difficulties and bankruptcy risks of enterprises due to "withdrawal and interruption of loans". After reviewing the mediation agreement, the court promptly issues a mediation letter to relieve banks' worries and provide effective assistance for optimizing the business environment and helping small and micro enterprises develop steadily. The diversified dispute resolution mechanism of "court+industry" fully utilizes the dual advantages of professional coordination and judicial protection in this case, providing practical examples for efficient resolution of loan disputes similar to those of small and micro enterprises.
Case Two
Mediation Case of Loan Overdue Dispute Caused by Illegal Loan Intermediary's "Low Interest" Fraud
——Industry mediation exposes illegal intermediary tactics to resolve disputes
【 Basic Case 】
Mr. Wang received a call from a loan intermediary, who claimed to be able to apply for a low interest loan with an annualized interest rate of 3.8%. Due to the urgent need for capital turnover in his company, Mr. Wang agreed to have a loan intermediary assist in handling personal business loans and provided the necessary documents for the loan. In order to meet the loan qualification requirements, the loan intermediary "packaged" Mr. Wang's information and submitted the application to a certain bank. When applying for a loan, Mr. Wang responded to the bank staff's inquiries and verifications according to the "language" instructed by the loan intermediary. After the loan approval, the loan intermediary will charge a service fee of 10% of the loan amount. After repaying several installments of the loan, Mr. Wang found that the actual loan interest rate was much higher than the promised standard by the intermediary, and the loan term was shorter than the promised duration, resulting in Mr. Wang's inability to repay on time and in full. Mr. Wang complained to a certain bank about falsifying loan information and demanded a reduction in loan interest rates and a re installment. Mr. Wang failed to negotiate with a certain bank and jointly applied to a financial dispute mediation organization for mediation.
Mediation Process and Results
After accepting the case, the financial dispute mediation organization promptly conducted an investigation. The mediator first verified the business qualifications of the loan intermediary involved in the case and confirmed that there was no business cooperation relationship between the loan intermediary and a certain bank. It was the loan intermediary who contacted Mr. Wang to handle the loan business on their own. At the same time, the mediator requested a bank to conduct a detailed investigation of the entire loan process, confirming that Mr. Wang personally handled the submission of documents and face-to-face signing procedures. The bank has reviewed the documents and highlighted important terms of the contract. Credit personnel have also confirmed through on-site visits that Mr. Wang's company truly exists and is operating normally. A certain bank believes that it was not aware of the involvement of loan intermediaries and that the loan delinquency was caused by Mr. Wang's personal reasons, so it does not agree to Mr. Wang's application. The mediator suggested that a certain bank consider Mr. Wang's current practical difficulties and negotiate the remaining debt repayment issue. The bank ultimately agreed to provide a personalized installment repayment plan, and Mr. Wang also accepted the mediation plan. At the same time, with the patient persuasion of the mediator, Mr. Wang became aware of the harm of illegal loan intermediaries, which could lead to security risks such as high transaction fees and personal information leakage. Mr. Wang voluntarily cooperated with a certain bank to report the case to the public security organs.
Typical significance
This case deeply reveals the illegal practices and practical harm of illegal loan intermediaries, highlighting the positive role of mediation mechanisms in popularizing financial knowledge, cracking down on illegal intermediaries, and safeguarding the rights and interests of financial consumers. Illegal loan intermediaries take advantage of consumers' urgent need for funds and use "low interest" as bait to assist in passing bank qualification reviews through "packaging" qualifications, defrauding high service fees. This not only increases consumers' debt burden, but also poses legal risks such as personal information leakage. The mediation organization not only clarified the facts in this case, but also made consumers aware of the harm of illegal loan intermediaries through interpretation of the law, guided consumers to protect their rights in accordance with the law, and fully safeguarded the legitimate rights and interests of all parties. This case reminds financial consumers to be vigilant and handle credit business through legitimate financial institutions. When signing contracts, they should carefully understand the terms and conditions. Banking institutions need to strengthen the management of the entire credit process, prevent illegal loan intermediaries from infringing on the legitimate rights and interests of consumers, and effectively fulfill their obligations of information disclosure and suitability management during the consumer face-to-face process, building the first line of defense for financial consumption safety.
Case Three
Rental bank account triggers control dispute mediation case
——Industry mediation resolves disputes through case law popularization
【 Basic Case 】
Mr. Wang went to a certain bank to apply for the replacement of online banking payment tools. During the business process, bank staff discovered that Mr. Wang was not familiar with the transaction situation of his own account and suspected that there was a situation of renting or lending accounts for others to use. After further verification, Mr. Wang admitted to renting out his personal account on the recommendation of a friend and collecting monthly rent. The bank staff immediately popularized relevant financial knowledge to Mr. Wang, explained the hazards and risks of renting accounts, and took control measures on the online banking function of Mr. Wang's account according to relevant management regulations. Mr. Wang is dissatisfied with the bank's operations and insists on restoring the account function. Both parties failed to reach an agreement and jointly applied for mediation to the financial dispute mediation organization.
Mediation Process and Results
After the financial dispute mediation organization accepted the case, the mediator carried out targeted financial law popularization education to Mr. Wang in combination with the actual case, explained the legal consequences and potential risks of leasing bank accounts in detail, and even could be used by criminals for illegal activities such as telecommunications fraud, money laundering, gambling, etc. At the same time, it pointed out that a bank took control measures on Mr. Wang's account to prevent criminals from continuing to use the account to commit illegal acts, which is a risk prevention and control measure within the scope of compliance. After the mediator patiently explained the law and provided risk warnings, Mr. Wang fully realized the risks and hazards of his own behavior. He immediately completed the account cancellation procedures, stopped renting, and ensured the safety of his own account. The dispute was resolved properly.
Typical significance
In practice, disputes often arise among financial consumers due to a lack of knowledge of financial laws and regulations. Mediation can not only efficiently, conveniently, and cost effectively resolve disputes, but also interpret and explain the law, bringing financial and legal knowledge related to the case directly to consumers in a vivid, specific, convenient, and effective way, achieving a good effect of interpreting and popularizing the law through cases. This case reminds financial consumers that renting, lending, and selling bank accounts are all illegal activities and are highly likely to serve as tools for telecommunications fraud, money laundering, gambling, and other illegal criminal activities. When financial institutions discover abnormal account situations in their daily business activities, they should take timely risk prevention and control measures, do a good job in policy interpretation and guidance, and use various publicity methods to increase legal awareness and risk prevention awareness among financial consumers, in order to avoid consumers being deceived and violating legal red lines due to insufficient legal knowledge.
Case Four
Mediation case of liability dispute for complex traffic accidents involving multiple vehicles
——Efficiently resolve disputes in multi vehicle chain collision traffic accidents using 'demonstration texts'
【 Basic Case 】
Chen collided with Tang's small car while driving a regular two wheeled motorcycle, and the motorcycle also collided with Ran's small car during the rollover process, causing Chen to be injured and three cars to be damaged in the traffic accident. The traffic police department has determined that Chen and Tang are equally responsible for the accident, and Ran is not responsible. Tang purchased compulsory motor vehicle insurance and commercial insurance from Company A for the vehicle he drove; Ran purchased compulsory motor vehicle insurance and commercial insurance from Company B for the vehicle he drove; Chen purchased compulsory motor vehicle insurance from C Insurance Company for the two wheeled motorcycle he drove. After the accident, there was a dispute over compensation liability among all parties, and negotiations were unsuccessful. Chen sued Tang, as well as insurance companies A and B.
Mediation Process and Results
After listening to Chen's statement and preliminarily reviewing the evidence, the court staff found that the case involved multiple responsible parties and multiple legal relationships, making the case complex. In order to guide the parties to clearly express their demands, accurately identify the responsible parties and compensation items, Chen was guided to use a model text of the element based lawsuit to quickly clarify the amounts of medical and nursing expenses, compensation items, and evidence names one by one, efficiently completing the summary of claims and factual writing, and laying a clear framework for subsequent processing. Considering that the dispute involves issues such as insurance compensation, with the consent of the parties involved, the court, relying on the "General to General" online litigation and mediation docking mechanism established by the Supreme People's Court and the State Administration of Financial Supervision, entrusted a financial dispute mediation organization to carry out preliminary mediation.
One is to accurately extract the focus of controversy from the elemental defense statement. After receiving the materials, the mediator guided Tang, Insurance Company A, and Insurance Company B to fill out the elemental defense statement. The mediator quickly identified the focus of the dispute in this case by comparing and sorting out the complaint and defense submitted by all parties through the system, that is, whether Chen's injury constitutes disability and how to determine the amount of compensation he can claim. At the same time, the lawsuit explicitly mentions that Tang and the irresponsible party Ran also suffered car damage. In order to promote a comprehensive resolution of the disputes involved in this accident, the mediator has decided to include Tang and Ran's car damage in the mediation. After obtaining the consent of the parties, Ran and C Insurance Company will be notified to participate in the mediation.
The second is to solve the problem of disability level identification through "technical consultation". Due to significant differences among various parties regarding whether Chen's injury constitutes disability, there is also a consensus on the time and cost of disability level assessment. The mediator then introduced the "technical consultation" mechanism to all parties, which means that a professional forensic expert evaluates and issues an advisory opinion on whether it constitutes a disability. If the opinion is not recognized, a judicial appraisal can be applied for again. After obtaining the consent of the parties involved, the resident forensic examiner examined Chen's injuries and provided a consultation opinion on the composition of a level 10 disability. After a detailed explanation by the forensic expert, all parties acknowledged the consultation opinion and decided not to apply for disability appraisal. They agreed to mediate according to the ten level disability standard.
Thirdly, professional industry mediation promotes efficient resolution of disputes. Based on the consultation conclusion and evidence such as medical bills and vehicle damage repair invoices, the mediator used a framework based on element based demonstration texts to calculate the detailed losses of Chen, Tang, and Ran, and created a visual compensation table that clearly lists the compensation items, responsibility ratios, and accurate amounts of each responsible party, making complex compensation calculations clear at a glance. In the end, a mediation agreement was successfully reached within half a month to resolve the compensation issue, and all parties voluntarily fulfilled the terms of the agreement, resulting in a proper resolution of the dispute.
Typical significance
This case is a motor vehicle traffic accident liability dispute caused by a multiple vehicle chain collision. Such disputes often have the characteristics of complex division of accident liability, multiple compensation subjects, and cumbersome calculation methods. In this case, the court relied on the "General to General" online litigation and mediation docking mechanism, and entrusted the insurance industry mediation organization to carry out preliminary mediation through the people's court mediation platform, fully leveraging the exemplary guidance role of the element based demonstration text, and promoting efficient, substantive, and comprehensive resolution of disputes. The court guides the parties to use the exemplary text of the elemental complaint to express their demands quickly, standardly, and comprehensively, reducing the litigation threshold and expression cost for the parties. Mediators use exemplary texts of elemental defense statements to guide responsible parties to respond to demands, express opinions, and disclose related information in a targeted manner, greatly facilitating mediators to quickly extract the focus of disputes, identify undisputed facts, and focus on core differences. Relying on the "technical consultation" mechanism to quickly provide professional opinions on disability level issues, accurately respond to concerns from all parties, and use visual tables to clearly present compensation plans, improving the efficiency and accuracy of complex case mediation. The successful resolution of this case demonstrates the advantageous role of element based demonstration texts in resolving complex motor vehicle traffic accident liability disputes, providing useful references for similar case handling.
Case Five
Mediation case of fire claim dispute among sugar cane growers
——Professional mediation, precise loss assessment, safeguarding the rights and interests of sugarcane farmers
【 Basic Case 】
Mr. Huang, a sugar cane farmer in a certain area, has purchased full cost insurance for sugar cane from a property insurance company. On January 26th of that year, a fire accident occurred in the sugarcane field planted by Mr. Huang, and he immediately reported it to a property insurance company. Due to the Chinese New Year holiday, a property insurance company arranged for claims personnel to visit the site for investigation on January 28th. A certain property and casualty insurance company has determined through investigation that the sugar cane involved in this accident suffered damage to the cane stem, but the growth point did not die. The assessed loss ratio is 15%, and the assessed loss amount is 23400 yuan. Mr. Huang believes that the fire accident caused serious burns to the sugar cane, and the remaining sugar cane on the scene has no possibility of growth. Moreover, the insurance company did not conduct an on-site investigation in a timely manner, and requested a property insurance company to claim compensation according to the total loss standard of 158400 yuan. The two parties had significant differences and multiple negotiations were unsuccessful. After obtaining Mr. Huang's consent, a certain property and casualty insurance company applied for mediation from the local insurance industry mediation organization.
Mediation Process and Results
After accepting the case, the industry mediation organization quickly sorted out the dispute points and pushed forward the resolution one by one. One issue raised by Mr. Huang is that a certain property insurance company did not conduct on-site inspections in a timely manner. The mediator pointed out that although a certain property insurance company should fulfill the obligation of timely investigation and loss assessment, in this case, the delay in investigation did not substantially affect the loss assessment result. Secondly, Mr. Huang believes that the loss assessment results of a certain property insurance company do not match the actual situation. The mediator consulted the "Standard for Determining Losses of Full Cost Insurance for Policy Sugarcane in a Certain Province" and, according to Article 2 of the standard on "Disaster Types and Loss Standards" regarding the loss ratio of "Fire", the loss ratio of sugar cane during maturity is divided into three levels. Among them, the first category is "sugarcane stem injury, green leaves at the tip, and non dead growth points", with a damage assessment ratio of 15%; The second category is "serious injury to sugar cane stems, overflow of juice, no green leaves at the tips, rot or death at the growth points of sugar cane", with a damage assessment ratio of 40%; The third level is "Sugar cane with no crushing value", with a loss assessment ratio of 100%. The mediator comprehensively verified the growth status of sugarcane before and after the fire accident based on objective information such as photos and videos of the accident site. With industry experience, the actual loss of the insurance subject was verified and judged, and a suggestion was made to claim compensation according to the second level of 40% loss ratio in the standard. After multiple communications with the mediator, both parties finally reached an agreement through negotiation to compensate according to a 40% loss ratio.
Typical significance
This case is a typical example of a professional mediation mechanism to safeguard the rights and interests of policy based agricultural insurance insured farmers. Policy based agricultural insurance, as an important tool for dispersing agricultural risks, has the core value of precise loss assessment and reasonable compensation, effectively reducing farmers' losses caused by disasters. In this case, the mediation organization relied on the local policy based agricultural insurance loss assessment standards to objectively clarify the degree of fire losses, which not only prevented insurance companies from compromising farmers' rights and interests, but also avoided extensive compensation from deviating from the original purpose of the policy, and realized the accurate matching between agricultural insurance policies and actual losses. This case also suggests that insurance companies should enhance their political stance, strengthen their responsibility, optimize claims services, and reasonably determine losses based on the actual loss situation of affected farmers, in order to effectively reflect the social security attributes of policy based agricultural insurance when handling agricultural insurance claims.
Case Six
Mediation case of foreign-related freight insurance dispute
——Efficient resolution of cross-border transportation insurance disputes through industry mediation
【 Basic Case 】
A domestic trading company entrusted a shipping container transportation limited company to transport a batch of garlic to a foreign port, and through an international freight forwarding company, purchased "Ocean Transport Refrigerated Goods All Risks Insurance" from a property insurance company, with the insured being a foreign receiving company. The goods were rejected by a receiving company due to damage after arriving at the destination port. A certain trading company applied for compensation from a property insurance company on the grounds that it had obtained a transfer of the insured's rights under the policy. A certain property and casualty insurance company refused to pay compensation on the grounds that a certain trading company was not insured under the policy, the cause of the damage to the goods was unknown, and the scope of the loss was uncertain. After unsuccessful negotiations, a trading company filed a lawsuit with the local maritime court, claiming that a property insurance company would compensate for the loss of goods according to the insurance contract. Based on the "General to General" online litigation and mediation docking mechanism established by the Supreme People's Court and the State Administration of Financial Supervision and Administration, with the consent of both parties, the court will entrust the local financial dispute mediation organization to mediate in a "point-to-point" manner after filing the case.
Mediation Process and Results
Considering that the case involves professional fields such as ocean transportation, foreign trade, and maritime insurance, the mediation organization has selected professional mediators with maritime insurance experience and high foreign language proficiency to handle the case. The mediator communicated multiple times with both parties through a "back-to-back" approach to fully understand the situation of the case. It was learned from a certain property and casualty insurance company that upon receiving the accident notification, the company immediately commissioned an overseas inspection agency to conduct an inspection at the receiving port, confirming that the refrigerated container was intact and free of faults. It is speculated that the damage to the goods is related to their inherent properties, and the inspection showed that the goods were only partially damaged. The mediator verified various key information from a certain trading company and confirmed that the trading company is the shipper of the bill of lading, and has legally obtained the right to claim compensation through the transfer of rights and interests of a receiving company. At the same time, it was learned that the goods were rejected by the receiving party, resulting in the trading company claiming full losses. The mediator subsequently clarified, in accordance with the relevant provisions of the Maritime Law of the People's Republic of China, that the rights of the maritime cargo transportation insurance contract can be transferred through equity transfer, and that a certain trading company has the qualification of a claimant. Based on the relevant insurance contract terms, it was determined that a certain property insurance company should bear the liability for compensation. However, according to the terms of the insurance contract, a certain property and casualty insurance company believes that the scope of loss should be limited to the actual loss, and the expanded loss caused by the consignee's refusal is not within the scope of insurance compensation. The mediator continues to guide both parties to objectively view the loss facts, and suggests that a certain property insurance company fulfill its compensation obligations according to the contract. At the same time, it is suggested that a certain trading company abandon the full claim and make a claim based on the actual value of the damaged goods. Finally, under the mediation of the mediator, both parties reached a settlement plan.
Typical significance
This case is a typical foreign-related maritime cargo insurance claim dispute, involving professional fields such as maritime law, international trade rules, and cross domain inspection. Focusing on "professionalism+efficiency", industry mediation accurately clarifies the qualification of claim subject, scientifically locks the scope of loss, avoids lengthy foreign-related litigation procedures, and provides replicable dispute resolution solutions for the "the Belt and Road" trade exchanges. This case reminds insurance companies to strengthen their professional capabilities in foreign-related insurance business, accumulate experience in handling foreign-related insurance disputes, fully utilize the professional advantages of industry mediation when necessary, play the role of industry synergy, and actively cooperate with the court to do a good job in source control. This case fully demonstrates the professional value of industry mediation in resolving cross-border financial disputes, and has important demonstration significance for improving the diversified resolution mechanism of foreign-related insurance disputes and ensuring smooth international trade.
