What are the basic regimes of arbitration law?

The basic regime of arbitration law includes:

1. Arbitration system by agreement

The arbitration system by agreement is the most fundamental embodiment of the principle of voluntariness, and it is also the most basic guarantee for the realization of the principle of voluntariness in the arbitration process. Namely:

1. The submission of the dispute to arbitration must be based on the willingness of both parties and a written arbitration agreement must be reached; In the absence of such a common will of the parties and an arbitration agreement that records the common will of the parties, the dispute cannot be resolved by arbitration by unilateral will, but only by litigation or other means.

2. The acceptance of a case by the arbitration commission must be based on the joint authorization of both parties, and the arbitration application without an arbitration agreement cannot be accepted by the arbitration commission. In other words, the jurisdiction of the arbitration commission over the case comes from the agreement of the parties. The arbitration agreement is the basis for the arbitration commission to accept the case and the premise for the arbitration commission to exercise its jurisdiction.

2. Adjudication or adjudication system

Arbitration or adjudication is a system that respects the parties' choice of means of resolving disputes. Its meaning is:

1. When the parties reach a written arbitration agreement, they shall apply to the arbitration commission for arbitration in accordance with the agreement, and cannot file a lawsuit with the court. This mainly shows that once an arbitration agreement is reached, either party should abide by the agreement and cannot turn its back on the other party and seek litigation to resolve the dispute.

2. For disputes in which the parties have reached an arbitration agreement, the jurisdiction of the parties shall be vested in the arbitration commission due to the common intention of the parties to arbitrate, and the jurisdiction of the people's court shall be excluded accordingly. Therefore, the people's court should not accept a lawsuit with an arbitration agreement in accordance with the original intention of the dispute resolution method chosen by the parties.

3. The final system of the first award

Once the arbitral award is made, it becomes legally effective. If a party is dissatisfied with the award, he or she can no longer file a lawsuit with the people's court for the same dispute, nor can he apply to the arbitration commission for arbitration (including applying to the arbitration commission for reconsideration). There are two exceptions: first, the arbitral award is revoked by the people's court; Second, the people's court refuses to enforce the arbitral award.

The basic system of arbitration is the basic rules for arbitration organizations and arbitration participants to conduct arbitration activities. The Arbitration Law provides for a system of arbitration, adjudication or adjudication, and finality of the first award.

1) Arbitration system by agreement. The agreement arbitration system is a direct manifestation of the principle of voluntariness. Its meaning is:

The submission of a dispute to arbitration must be based on the parties' willingness to reach an arbitration agreement.

If an arbitration institution accepts a case, it must be based on the joint authorization of both parties, and if there is no arbitration agreement, the arbitration institution cannot accept it. The arbitration agreement is the basis and basic basis for the arbitration institution to accept the case.

2) Adjudication or adjudication system. The adjudication or adjudication system is a system that respects the parties' choice of means of resolving disputes. Its meaning is:

If the parties reach an agreement on arbitration, they shall apply to the arbitration institution for arbitration.

If the parties reach an arbitration agreement and one party files a lawsuit with the people's court, the people's court shall not accept it.

3) The final system of the first award. The system of finality of the first award is the system for determining the validity of arbitral awards. Article 9 of the Arbitration Law provides:

The system of final arbitration shall be implemented. After the award is rendered, if the parties apply for arbitration or file a lawsuit with the people's court again for the same dispute, the arbitration commission or the people's court shall not accept it. If the award is revoked or not enforced by the people's court, the parties may apply for arbitration in accordance with the arbitration agreement reached by the two parties, or may file a lawsuit with the people's court.

This means that the award takes effect as soon as it is made. Even if the parties are not satisfied with the award, they cannot file a lawsuit with the people's court for the same dispute, and of course they cannot apply to the arbitration institution for arbitration.

Legal basis: Article 9 of the Arbitration Law stipulates that arbitration shall be subject to the system of finality of the award.

a) Basic principles.

1.The principle of party autonomy.

1) The choice of whether to arbitrate is voluntarily chosen by the parties.

Article 4 of the Arbitration Law stipulates that: "Where a party adopts arbitration to settle a dispute, both parties shall voluntarily reach an arbitration agreement. In the absence of an arbitration agreement, if one party applies for arbitration, the arbitration commission shall not accept it. ”

2) The arbitration institution shall be voluntarily chosen by the parties.

3) The composition of the arbitral tribunal and the arbitrators shall be voluntarily chosen by the parties.

4) The method of arbitration hearing shall be voluntarily chosen by the parties.

2.The principle of independent and impartial arbitration.

The principle of independent and impartial arbitration can be embodied in the following aspects: first, arbitration shall be conducted independently in accordance with the law and shall not be interfered with by administrative organs, social groups and individuals; Second, the independence of arbitration institutions, which is the organizational guarantee for the independent and impartial conduct of arbitration, that is, the arbitration commission is independent of the administrative organ and has no subordinate relationship with the administrative organ, and the arbitration commission has no subordinate relationship with each other; Third, arbitration has no hierarchical or territorial jurisdiction. Arbitration is not restricted by the subject matter, level or geography of the case, and the parties independently and voluntarily agree to select the arbitration institution.

3.Based on the facts, in accordance with the law, the principle of fair and reasonable dispute resolution.

The principle of taking the facts as the basis and the law as the criterion is reflected in arbitration.

2) Basic system.

1.The final system of the first award.

According to Article 9 of the Arbitration Law, arbitration shall be subject to a system of finality of the award. This is an international practice. After the award is made, if the parties apply for arbitration or file a lawsuit with the court again for the same dispute, the arbitration commission or the court shall not accept it.

The award shall take legal effect from the date of its issuance, and both parties shall conscientiously perform it. If one party fails to perform, the other party may apply to the people's court for compulsory enforcement.

2.or adjudication or adjudication system.

That is, the parties can only choose one of the applicable systems in arbitration or litigation for disputes arising from them.

Answer]: Branch B, Judgment C, E

This question examines the arbitration system. The basic systems of arbitration law include the system of exclusion of court jurisdiction, the system of arbitration by agreement, and the system of finality of the first award.

1. Arbitration system by agreementThis is the most fundamental embodiment of the principle of voluntariness of the parties in arbitration, and it is also the most basic guarantee for the realization of the principle of voluntariness in the arbitration process, and the Arbitration Law stipulates that arbitration must have a written arbitration agreement, which can be an arbitration clause specified in the contract or a separately written arbitration agreement (including other written forms that can be confirmed). The content of the arbitration agreement shall include an expression of intent to request arbitration, agreed arbitration matters, and the selected arbitration commission.

2) Either judging or judging the lead brother Liang degree. Arbitration or adjudication is a system that respects the parties' choice of means of resolving disputes. The implication is that if the parties reach a written arbitration agreement, they shall apply to the arbitration institution for arbitration, and cannot file a lawsuit with the court.

The people's courts also do not accept lawsuits with arbitration agreements. If a party sues the court for its own interests or other reasons, without abiding by the arbitration agreement or intentionally avoiding arbitration, the respondent party may file a jurisdictional objection with the court in accordance with the arbitration agreement and request the court to dismiss the lawsuit, and the court will dismiss the lawsuit with a valid arbitration agreement and allow the parties to submit the dispute to arbitration in accordance with the provisions of the Arbitration Law. 3. The final system of the first award

Article 9 of the Arbitration Law stipulates that "arbitration shall be subject to the system of finality of the award, and if the parties apply for arbitration or file a lawsuit with the people's court for the same dispute after the award is made, the arbitration commission shall not accept it." The basic meaning of the finality of an award is that after the award is made, it will have legal effect, and even if the parties are not satisfied with the award, they cannot file a lawsuit with the court for the same case. Therefore, the finality of the first award not only excludes the possibility of the first award and the second instance that have been used in China for many years, but also excludes the possibility of the first award and the reconsideration and the finality of the second award.

Article 50 of the Labor Dispute Mediation and Arbitration Law provides that if a party is dissatisfied with an arbitral award in a labor dispute case other than that provided for in Article 47 of this Law, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award; Where no prosecution is made at the expiration of the time limit, the ruling takes legal effect.