1. The nature of the departments is different: the people's court is the judicial organ of the state, the arbitration commission is the civil judicial organ, the supervisory organ of the arbitration commission is the China Arbitration Association, and most of its arbitrators are lawyers and government officials.
2. The procedure is different, the arbitration is final, and there is no appeal problem for the parties, so in order to avoid mistakes, some remedies are stipulated. If a party refuses to accept the arbitration award, it may
So as to bring a lawsuit to the people's court within the specified time, or apply to the people's court for cancellation of the arbitral award. The court proceedings are final in the second instance, and the judgment of the second instance is valid, and the parties concerned should consciously perform it.
3. The fees are different, and the arbitration fee is high, so it is impossible to postpone, exempt or reduce the payment. The court's acceptance fee is lower than the arbitration fee, and it can be postponed, exempted or reduced in some cases.
4. Different powers: Arbitration excludes the jurisdiction of the court, that is, if you choose arbitration, you cannot go to court.
Legal basis: Arbitration Law of People's Republic of China (PRC).
Article 10 Arbitration commissions may be established in municipalities directly under the Central Government and cities where the people's governments of provinces and autonomous regions are located, or in other cities divided into districts according to needs, and shall not be established by administrative divisions.
The arbitration commission stipulated in the preceding paragraph shall be established by the Municipal People's Government and organized by relevant departments and chambers of commerce.
The establishment of an arbitration commission shall be registered by the judicial administrative departments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 11 An arbitration commission shall meet the following conditions:
(1) Having its own name, domicile and articles of association;
(2) Having necessary property;
(3) Having committee members;
(4) Having appointed arbitrators.
The articles of association of the Arbitration Commission shall be formulated in accordance with this Law.
Article 14 The Arbitration Commission is independent of the administrative organ and has no subordinate relationship with the administrative organ. There is no subordinate relationship between arbitration committees.
Organic Law of People's Republic of China (PRC) People's Court
Article 2 The people's courts are the judicial organs of the state.
By trying criminal cases, civil cases, administrative cases and other cases prescribed by law, people's courts punish crimes, protect innocent people from criminal investigation, resolve civil and administrative disputes, protect the legitimate rights and interests of individuals and organizations, supervise administrative organs to exercise their functions and powers according to law, safeguard national security and social order, safeguard social fairness and justice, safeguard the unity, dignity and authority of the national legal system, and ensure the smooth progress of Socialism with Chinese characteristics's construction.
Article 3 The people's courts shall be established in accordance with the Constitution, laws and decisions of the NPC Standing Committee.
Article 4 The people's courts shall exercise judicial power independently according to law, and shall not be interfered by administrative organs, social organizations or individuals.