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近年来的出口信用保险纠纷案件多涉及出口信用保险机构、出口商(被保险人)与融资银行三方主体之间的争议。通过分析相关案例和域外法律,可以明确以下三个方面问题:在出口信用保险机构与出口商之间,定损核赔程序应当适用出口信用保险合同约定的“仲裁/诉讼前置条款”;在出口商与融资银行之间,融资银行仅在有书面索赔权转让协议时享有诉讼主体资格;在出口信用保险机构与融资银行之间,双方皆只对基础交易负有形式审查责任,但各自都应当尽职审查,以避免损失的发生。
In recent years, many export credit insurance disputes involving export credit insurance agencies, exporters (insured) and the tripartite balance of financing banks. Through the analysis of relevant cases and extraterritorial laws, the following three issues can be clarified: Between the export credit insurance agency and the exporter, the procedures for determining losses and losses should apply to the “Pre-clauses of arbitration / litigation” as stipulated in the export credit insurance contract. ; Between the exporter and the finance bank, the finance bank is eligible for the litigation only when there is a written assignment of the right of assignment. Both the export credit insurer and the finance bank bear the formal examination responsibility for the underlying transaction only Each should due diligence review to avoid the loss occurred.