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Difference Between Arbitration And Litigation

2011/1/25 14:41:00 34

Difference Between Arbitration Proceedings

1, the starting conditions are different.

The premise of arbitration is that the parties have reached an arbitration agreement, indicating that they voluntarily submit the dispute to the arbitration organ without relevant provisions.

arbitration

The institution will not accept it.

Civil proceedings do not require consultation between the two sides, so long as the prosecution of one party meets the statutory conditions, the court will accept it.

If you choose arbitration, you can't go to the court to make a lawsuit, that is, you have given up the right of the lawsuit, so it is considered that arbitration and

litigation

Coexistence

error

.

It can be seen that the choice of contract dispute is the same as choosing a restaurant, hot pot restaurant or KFC. Two, you can't go to KFC for hot pot.

Choose one. The next one will have to wait until the next time you are hungry.

2, institutions are different.

The Arbitration Commission is organized by the people's government and organized by the relevant departments (legality Bureau) and chambers of Commerce. Its supervisory body is the China Arbitration Association. Most of its arbitrators are lawyers and government agencies.

To put it simply, arbitration means that when a dispute arises between the two parties in signing a contract, an arbitration organization is called an "Uncle". Once the ruling has legal effect on both sides, the arbitration organization is still softer than the court where the sword meets.

3, litigation shall be governed by geographical jurisdiction and jurisdiction, and arbitration shall be governed by agreement.

When an arbitration clause is agreed between parties or when an arbitration agreement is signed, a arbitral body with a high level of verdict and a good reputation can be selected nationwide, and the parties have the right to choose arbitrators.

The people's court is divided into four levels. There are civil disputes between the parties. Which court is the jurisdiction of the people's court?

A court without jurisdiction shall not accept cases of civil disputes arbitrarily, nor shall the parties concerned choose arbitrarily. All the judges shall be decided by the people's court.

In simple understanding, picking up arbitration institutions is just like picking wedding ceremonies, saying that mediation will do well and prices will be more expensive.

4, the procedures are different.

Arbitration shall be carried out in the first instance.

A party shall not apply for arbitration again on the same fact, nor can he bring a suit or appeal to the people's court again.

The civil procedure can be divided into three stages: first instance, second instance and retrial.

And arbitration is generally not heard in public, which is conducive to keeping the parties' business secrets.

However, civil litigation must be open to public without special circumstances.