What does an arbitration institution do, and what kind of department is an arbitration institution?

Concept] An arbitration institution is an institution that resolves the civil dispute between the two parties and makes an arbitration award through arbitration.

Types] Arbitration institutions are divided into domestic arbitration institutions and international arbitration institutions, which in turn are divided into national arbitration institutions and international or regional arbitration institutions. In addition, according to the establishment of arbitration institutions, there are three types of international arbitration institutions: one is a permanent arbitration institution, the other is an ad hoc arbitration institution, and the other is a professional arbitration institution.

1.Permanent Arbitration Institution.

Permanent arbitration institutions include international or regional, national, and professional arbitration institutions attached to specific industries. They all have a set of institutions and personnel responsible for organizing and managing relevant arbitration matters, which can provide various conveniences for the conduct of arbitration. As a result, most arbitration cases are referred to permanent arbitration institutions.

Well-known permanent arbitration institutions include: International Chamber of Commerce Court of Arbitration, London Court of Arbitration, Zurich Chamber of Commerce Arbitration of Switzerland, Japan International Commercial Arbitration Association, American Arbitration Association, Arbitration Institute of Stockholm Chamber of Commerce in Sweden, Foreign Economic Arbitration Commission of China International Promotion Committee, etc.

2.Ad Hoc Arbitration Institutions.

It is a type of arbitral tribunal composed of arbitrators appointed by the parties themselves, and is automatically dissolved when the case is disposed of.

3.Professional arbitration institutions.

Professional arbitration institutions attached to specific industries, such as the London Wool Association, the London Jute Association, the London Oilseed Association, the London Grain Business Association and other arbitration institutions.

An institution that resolves civil disputes between the two parties and makes arbitral awards through arbitration. It is divided into domestic arbitration institutions and international arbitration institutions, and the latter is divided into national arbitration institutions and international or regional arbitration institutions. In addition, according to the establishment of arbitration institutions, there are three types of international arbitration institutions:

One is a permanent arbitration institution, the other is an ad hoc arbitration institution, and the other is a professional arbitration institution.

Article 4 of the Arbitration Law of the People's Republic of China: If the parties settle their disputes by arbitration, they shall reach an arbitration agreement on their own volition. In the absence of an arbitration agreement, if one party applies for arbitration, the arbitration commission shall not accept it.

China's arbitration institution is the arbitration commission, which is an administrative organ, but independent of the administrative organ and has no subordinate relationship with other administrative organs.

Legal basis: Article 10 of the Arbitration Law of the People's Republic of China stipulates that the arbitration commission may be established in the municipality directly under the Central Government and in the city where the people of the province or autonomous region are located, or in other cities divided into districts as needed, and shall not be established at the level of administrative divisions.

The arbitration commission shall be established by the relevant departments of the people's organizations and chambers of commerce of the municipality specified in the preceding paragraph.

The establishment of an arbitration commission shall be registered with the judicial administrative department of the province, autonomous region or municipality directly under the Central Government.

Article 14 of the Arbitration Law of the People's Republic of China stipulates that the arbitration commission is independent of the administrative organ and has no subordinate relationship with the administrative organ. There is also no affiliation between the arbitration commissions.

Legal analysis: Generally speaking, arbitration should be conducted in the local arbitration committee, such as labor arbitration, which can be done by going to the labor arbitration commission.

Legal basis: Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.