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First, the difference between arbitration and litigation
1. If you choose arbitration, you can't go to court again, which means you give up your right to litigation. Arbitration fully respects the wishes of the parties. Whether to use arbitration to solve disputes, which arbitration institution to go to and who will preside over the settlement of disputes can be decided by the parties themselves. Arbitrators presiding over dispute settlement are experts and scholars in various industries. Litigation is subject to hierarchical and territorial jurisdiction, and the composition of the trial court is also designated by the people's court.
2. Different institutions, the Arbitration Commission is organized by the people's government and relevant departments (Legislative Affairs Bureau) and the Chamber of Commerce, and its supervisory body is the China Arbitration Association, and its arbitrators are mostly lawyers and government officials engaged in part-time work; The court institution is the judicial institution of national laws. Simply put, arbitration means that when there is a dispute after the contract is concluded, both parties call an arbitration institution to be their "uncle". Once an award is made, it has legal effect on both parties.
3. The scope of accepting cases is different. Arbitration can only accept civil disputes, and the court can accept criminal and administrative litigation cases.
4. The arbitration is final due to different procedures. When applying for cancellation, the court will not review the substantive treatment. If the procedure is obviously wrong, it can be cancelled. If the lawsuit refuses to accept the first instance, it can also appeal, and if it refuses to accept the second instance, it can also apply for a retrial within two years. The court has relevant statutory supervision institutions and relief procedures.
5. The arbitration tribunal's hearing of the case is confidential, the case is not public, and the award is not public. The people's courts shall practice the principle of public hearing except for cases that are not tried in public according to law.
6. The cost is different. The arbitration fee is not stipulated to be reduced, deferred or exempted, but it is stipulated by the court.
2. Can arbitration be revoked?
The arbitration tribunal shall not revoke its own arbitration. If there is any cancellation, it may apply to the intermediate people's court where the arbitration institution is located for cancellation. But there are strict conditions for revocation. According to the provisions of the Civil Procedure Law, the circumstances that can be revoked are:
1, the parties have no arbitration clause in the contract or have not reached a written arbitration agreement afterwards;
2. The respondent has not been notified of the appointment of an arbitrator or arbitration procedure, or has failed to state its opinions for other reasons not attributable to the respondent;
3. The composition of the arbitration tribunal or the arbitration procedure does not conform to the arbitration rules;
4. The matters decided do not fall within the scope of the arbitration agreement or the arbitration institution has no right to arbitrate.
If the people's court finds that the execution of the ruling is contrary to the public interest, it shall rule not to execute it.