Judicial Interpretation of the Arbitration Law explains which provisions of the Arbitration Law

The judicial interpretation of the Arbitration Law has the following points:

1. If the parties settle their disputes by arbitration, both parties shall reach an arbitration agreement on their own volition. If there is no arbitration agreement and one party applies for arbitration, the arbitration commission shall not accept it;

2. 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, unless the arbitration agreement is invalid;

3. Contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations of equal subjects may be arbitrated;

4. Arbitration shall be based on facts, in accordance with the provisions of the law, and resolve disputes fairly and reasonably.

Arbitration Law of the People's Republic of China

Article 9. 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 in accordance with law, the parties may apply for arbitration in accordance with the arbitration agreement between the two parties in accordance with the law, or may file a lawsuit with the people's court.

Legal Analysis:1If the parties have generally agreed that the arbitration matter is a contract dispute, the dispute arising from the formation, validity, modification, transfer, performance, liability for breach of contract, interpretation, termination, etc., may be deemed to be an arbitration matter.

2.The name of the arbitration institution agreed in the arbitration agreement is not accurate, but if the specific arbitration institution can be determined, it shall be deemed that the arbitration institution has been selected.

Legal basis: Arbitration Law of the People's Republic of China

Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Article 3 The following disputes cannot be arbitrated: (1) disputes over marriage, adoption, guardianship, maintenance, or inheritance; (2) Administrative disputes that shall be handled by administrative organs in accordance with law.

The content of the judicial interpretation on arbitration is that in the event that evidence may be destroyed or difficult to obtain in the future, the parties may apply to the people's court for preservation of evidence during the course of litigation, and the people's court may also take the initiative to take preservation measures. In the event that the evidence may be lost or difficult to obtain in the future, the interested party may apply to the people's court with jurisdiction over the case for preservation of evidence at the location of the evidence, the domicile of the respondent, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration.

The content of the judicial interpretation on arbitration is that when the evidence may be destroyed or it is difficult to obtain it in the future, the people's court may also take the initiative to take preservation measures when the party may apply to the people's court for preservation of evidence during the course of litigation. In the event that the evidence may be destroyed or difficult to obtain in the future, the interested party may apply to the people's court with the place where the evidence is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case for preservation before initiating a lawsuit or applying for arbitration.

Legal analysis: If the parties have generally agreed that the arbitration matter is a contract dispute, the dispute arising from the formation, validity, modification, transfer, performance, liability for breach of contract, interpretation, termination, etc., can be recognized as an arbitration matter. If the name of the arbitration institution stipulated in the arbitration agreement is inaccurate, but a specific arbitration institution can be determined, it shall be determined which arbitration institution was selected.

Where the arbitration agreement only stipulates the arbitration rules applicable to the dispute, it shall be deemed that no arbitration institution has been agreed, unless the parties reach a supplementary agreement or the arbitration institution can be determined in accordance with the agreed arbitration rules. Where the arbitration agreement stipulates two or more arbitration institutions, the parties may choose one of them to apply for arbitration by agreement; If the parties cannot reach an agreement on the choice of arbitration institution, the arbitration agreement shall be invalid. Where the arbitration agreement stipulates that arbitration shall be conducted by an arbitration institution in a certain place and there is only one arbitration institution in that place, the arbitration institution shall be deemed to be an agreed arbitration institution.

Where there are two or more arbitration institutions in that place, the parties may choose one of them by agreement to apply for arbitration; If the parties cannot reach an agreement on the choice of arbitration institution, the arbitration agreement shall be invalid.

Legal basis: Article 2 of the Arbitration Law of the People's Republic of China Contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations of equal subjects may be arbitrated.