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海外投资保险是出口企业防范海外政治风险的一种有效手段,目前我国的海外投资保险机构是中国出口信用保险公司,当投保企业在海外遭遇承保风险后可向出口信保公司索赔,出口信保公司理赔后代位取得出口企业向负有责任的东道国追偿的权利。明确双方在代位求偿中的权利义务,明确争端解决方式至关重要。目前国际上通行的是采取签订双边投资保证协议的国际法方式保障代位求偿权的行使,通过国际投资争端解决中心(ICSID)解决纠纷也成为一种趋势。本文以利比亚战争为引子,介绍海外投资保险基本制度,重点分析海外投资保险机构行使代位求偿权的法律依据和争端解决方式。
Overseas investment insurance is an effective means for exporters to guard against overseas political risks. At present, China’s overseas investment insurance institutions are China’s export credit insurance companies. When the insured enterprises encounter overseas insurance risks, they can claim for export credit insurance companies and export credit insurance companies compensate The descendants acquire the right of the exporting enterprises to recover from the responsible host country. Clarifying the rights and obligations of both parties in the subrogation and clarifying the way of dispute settlement is of the utmost importance. At present, it is internationally accepted to adopt the international law of signing a bilateral investment guarantee agreement to guarantee the exercise of the subrogation right. It is also a trend to resolve disputes through the International Center for Settlement of Investment Disputes (ICSID). This article takes the Libya war as an introduction, introduces the basic system of overseas investment insurance, and focuses on the legal basis and dispute settlement methods for overseas investment insurance agencies to exercise subrogation right.