ABSTRACT
With a view to ensuring that courts correctly apply the Insurance Act 2009 and to unify the adjudication criteria, in addition to the promulgation of the Interpretation on Certain Issues concerning the Application of the Insurance Act of the PRC (I),2 the Supreme Court of China has begun to deliberate on a second judicial interpretation, namely Interpretation II to the Insurance Act, of which a draft for comments was announced to the public in 2012, focusing on controversial issues in relation to the chapter on insurance contracts under the Insurance Act. In such circumstances, considering the large number of controversial issues arising out of judicial practice in the hearing of marine insurance cases in China, the Supreme Court has been considering whether another judicial interpretation in respect of trial of marine insurance cases shall be made. For this purpose, the Supreme Court, through higher courts and maritime courts, and the China Maritime Law Association, through its marine insurance sub-commission, launched an investigation on the focal controversies as appeared in the court, raised by practitioners in insurance or law firms, as well as academics across China. The final version of Interpretation II came into force on 8 June 2013.3 In this chapter, the author will discuss several current issues.
