Insurance litigation—China—Q&A guide
Insurance litigation—China—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Insurance litigation—China—Q&A guide
  • 1. In what fora are insurance disputes litigated?
  • 2. When do insurance-related causes of action accrue?
  • 3. What preliminary procedural and strategic considerations should be evaluated in insurance litigation?
  • 4. What remedies or damages may apply?
  • 5. Under what circumstances can extracontractual or punitive damages be awarded?
  • 6. What rules govern interpretation of insurance policies?
  • 7. When is an insurance policy provision ambiguous and how are such ambiguities resolved?
  • 8. What are the mechanics of providing notice?
  • 9. What are a policyholder’s notice obligations for a claims-made policy?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to insurance litigation in China published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: AnJie Law Firm—Zhan Hao; Wang Xuelei; Wan Jia

1. In what fora are insurance disputes litigated?

Hierarchical jurisdiction

In China, there are four levels of courts: the primary courts, the intermediate courts, the high courts and the Supreme People's Court. These courts have first instance jurisdiction over civil cases, including insurance cases. Normally, the primary court will act as the first instance court in most insurance cases; however, if the amount in dispute reaches a certain level or if the case is very influential for society, the intermediate courts or even the high courts will have jurisdiction to hear the case. It is rare for the Supreme People's Court to hear a case in the first instance.

If any party is unsatisfied with the judgment or verdict of the first instance court, it may bring an appeal to a court of a higher level within the period of time prescribed. The judgment or verdict of the appeal court will be binding. The only remedy against the binding judgment or verdict can be found in the legal review procedure; however, it is rare and difficult to kick-start this procedure.

Territorial jurisdiction

A lawsuit brought on an insurance dispute will fall

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