Arbitration is very different from litigation. Arbitration is only applicable to civil disputes, but not to administrative cases, especially criminal cases. Access to arbitration proceedings must be based on the willingness of both parties. Generally speaking, both parties to the arbitration procedure have concluded an arbitration clause in the contract in advance, or after the dispute occurs, both parties agree to settle the dispute by arbitration through consultation. If only one party unilaterally initiates arbitration, the arbitration institution cannot accept it. In addition, the arbitration institution is highly professional, and the arbitration procedure is relatively simple, not as strict and complicated as the trial procedure. Moreover, China's civil arbitration adopts the system of "one arbitration is final", which can quickly solve disputes. However, the arbitration institution has no right to enforce its own award. If one party fails to perform, the other party can only ask the people's court for compulsory execution. According to these characteristics of arbitration, the parties can choose the way to solve the dispute.
Arbitration is a way to resolve disputes voluntarily chosen by both parties. Generally speaking, even if the parties are not satisfied with the arbitration award, they cannot bring a lawsuit after the arbitration procedure is over. However, there are some special features in China's labor arbitration. According to the provisions of the Labor Law, labor disputes must be arbitrated by the Labor Arbitration Committee first. If you are dissatisfied with the arbitration award of labor disputes, you can bring a lawsuit to the people's court.
1. The Civil Procedure Law is "the general name of the norms regulating the legal relationship of civil litigation" and the Arbitration Law is "the general name of the norms regulating the legal relationship of arbitration".
2. Civil litigation is a "two-instance final adjudication system", that is to say, the parties can start the first and second instance of civil dispute settlement, and even file a retrial on the effective judgment.
Arbitration is the "arbitration termination system", with one arbitration termination.
Arbitration is a one-time arbitration system, that is to say, in a case, the arbitration tribunal only makes an arbitration award once, and then enters the execution procedure. Without a second ruling, no lawsuit can be brought to the people's court.
An arbitral award has the same legal effect as a court decision, and once it is made, the parties must fulfill their obligations. If one party refuses to perform voluntarily, the other party may apply to the people's court for enforcement. "
3. Arbitration is an agreement system. Arbitration is conducted without an agreement, which is not required in civil litigation, as long as the conditions for prosecution are met. Arbitration is final, and civil litigation is final of second instance. The two are either arbitration or trial, and their jurisdiction is mutually exclusive.