How to protect rights when buying a house and encountering real estate disputes
In the settlement of civil and commercial disputes, litigation and arbitration are two different judicial procedures in China, which are basically the same in procedure, but slightly different in form because of different jurisdictions. First, accept jurisdiction. The jurisdiction of arbitration is the Arbitration Commission. If disputes are to be governed by arbitration, the premise is that both parties must have an agreed and effective arbitration clause, that is to say, both parties must clearly agree that if disputes occur, they will be tried by an arbitration commission, so that the arbitration procedure can be applied. However, there is no need to stipulate litigation jurisdiction, and either party can bring a lawsuit in a court with jurisdiction. Of course, in contract disputes, both parties can agree on the jurisdiction of multiple courts with jurisdiction. Secondly, once the arbitral award is final, the parties may not appeal, but any party has the right to appeal after the judgment of the first instance in court proceedings and enter the second instance. There is not much difference between litigation and arbitration. It is the procedure of filing a case first, submitting relevant evidence materials, the defendant/respondent submitting a defense, opening a court session and making a judgment/ruling. This program seems simple, but the complex details hidden in it are difficult to estimate. Lawyers suggest that if you have no relevant litigation experience, you must know all the litigation procedures or consult a lawyer before litigation, otherwise there will be greater litigation risks.