Comparison of Arbitration Procedures and Civil Litigation Procedures

1. The scope of the cases is different. The scope of arbitration is limited to contract disputes and other property disputes. Disputes over marriage, adoption, guardianship, custody, maintenance, inheritance, administrative disputes and labor disputes shall be handled by administrative agencies in accordance with the law. Agricultural contract disputes within agricultural collective organizations, especially criminal cases, are not subject to arbitration. All disputes arising from private rights will be subject to litigation.

2. Conditions for acceptance: Arbitration must have an arbitration agreement reached by both parties beforehand or afterwards before it can be accepted, while litigation can be accepted as long as one party files a lawsuit.

3. For property preservation and evidence preservation, if the parties concerned apply to the arbitration committee, the arbitration committee shall submit the application to the People's Court. The arbitration committee itself has no power to take protective measures.

4. Establish an arbitral tribunal and a trial panel. Arbitration is an arbitrator voluntarily selected by the parties or appointed by an entrusted arbitration committee. The power of adjudication is exercised by the arbitral tribunal. Arbitration experts are not excluded except for individual difficult cases. Except for discussion by the committee, the opinions formed are only for the reference of the arbitral tribunal; litigation cases are heard by the tribunal and the arbitral tribunal composed of judges designated by the People's Court. The People's Court has the right to hear the case, and some cases are also submitted to the adjudication committee for discussion. The case was also submitted to the judicial committee for discussion.

5. Trial method. In terms of the hearing method, in principle, arbitration will not be heard in public and no observers are allowed. Litigation should generally be heard in public, and audits and interviews are allowed. Only when the parties involved in cases involving privacy, business secrets, state secrets, and commercial marriages apply for non-public hearings, audits and interviews are allowed.

6. The level of trial is different. Arbitration adopts a final decision, that is, after the arbitration award is made, it has the legal effect that the parties can apply to the People’s Court for compulsory execution. The parties can apply to the arbitration committee or the People’s Court for the same dispute again. For arbitration, the arbitration committee or the people's court will not accept the case; litigation is subject to four levels of second instance, and generally the two instances are final. You can also apply for retrial.