Comparing Arbitration Proceedings and Civil Litigation Procedures? from the following aspects 50

1.The nature is different, civil litigation is judicial in nature, arbitration is civil in nature, and at best quasi-judicial in nature.

2.Civil litigation only needs one party to file a lawsuit, and arbitration requires both parties to reach an arbitration agreement.

3.Jurisdiction is different, civil litigation must comply with hierarchical jurisdiction, territorial jurisdiction, and special jurisdiction, while arbitration is jurisdiction agreed upon by both parties.

4.The form of composition is different, the collegial court of civil litigation is a statutory composition, and the arbitration is an agreed composition.

5.The validity is different, the arbitration is final, and after the arbitration takes effect, the parties can neither apply for an appeal nor file a separate lawsuit. Civil litigation is a two-instance final adjudication system, in addition to trial supervision procedures.

The mode of enforcement is different, arbitration is flexible, convenient and efficient, and civil litigation is inefficient, costly, and difficult to enforce.

Depending on the basis, civil litigation is based on the Civil Procedure Law, and arbitration is based on arbitration laws and regulations.

The main differences between arbitration and litigation are: 1. The way in which jurisdiction is obtained is different. 2. The way in which the adjudicators are selected is different. 3. **The trial is also different. 4. The trial procedures and the parties involved in the case are also different. 5. The supervision procedures of the two are also different.

1. Whether it is voluntary or not.

Arbitration is voluntary, including not only the Claimant's voluntariness but also the Respondent's voluntariness. The principle of voluntariness is embodied in the fact that there is a written arbitration agreement between the parties, and the oral agreement is invalid, otherwise arbitration cannot be carried out.

Litigation does not require the parties to voluntarily, as long as the plaintiff goes to the people's court to file a lawsuit and is accepted by the court, the litigation procedure can be triggered.

2. The scope of the relevant trial is different.

The scope of arbitration is limited, and contract disputes and other disputes over property rights and interests between citizens, legal persons or other organizations may be arbitrated. However, disputes over marriage, adoption, guardianship, maintenance, and inheritance, as well as administrative disputes that should be handled by administrative organs in accordance with the law, cannot be arbitrated.

The scope of litigation is relatively wide, and ordinary disputes can be resolved by litigation in the people's courts, except for circumstances specifically provided for by law. Specifically, it is divided into three types: civil litigation, administrative litigation and criminal litigation.

3. The relevant adjudication bodies are different.

Arbitration shall be adjudicated by a private arbitration institution (arbitration commission) in accordance with regulations, and litigation shall be adjudicated by the people's court in accordance with the law.

Fourth, the relevant jurisdiction rules are different.

The arbitration institution shall be selected by agreement of the parties, and the arbitration shall not be subject to territorial jurisdiction or hierarchical jurisdiction, but the selected arbitration institution must be specific and unique. At the same time, arbitrators may be selected by the parties or appointed by the Chairman of CIETAC by entrustment.

Litigation jurisdiction refers to the division of labor between people's courts at different levels and regions to accept first-instance cases, which is specifically divided into hierarchical jurisdiction, territorial jurisdiction, and special jurisdiction. However, judges are determined by the people's courts, and the parties cannot freely choose judges.

If the parties have entered into an arbitration agreement, they can only arbitrate and cannot bring a lawsuit, unless the arbitration agreement is invalid. However, since the plaintiff did not mention the arbitration agreement when filing the lawsuit, and the defendant did not raise an objection to jurisdiction during the defense period, the court had the right to continue the trial because the parties had waived the arbitration agreement and voluntarily accepted the court's litigation jurisdiction.

5. The relevant rulings are not in effect.

The arbitration is subject to a final award, i.e., an award takes effect immediately. The people's courts implement a second-instance final adjudication system, and parties dissatisfied with the judgment of the first-instance trial court may raise an appeal in accordance with law, and the second-instance judgment will take effect immediately once it is made.

The procedure for filing a lawsuit in civil proceedings is as follows: collecting evidence before filing a lawsuit; Write a complaint, which needs to include the identity information of the original defendant, litigation claims, facts and reasons; The parties go to the court to file a case with their ID cards and their copies, complaints, evidence, and other materials; The court shall pay the legal fee after accepting the case.

Article 122 of the Civil Procedure Law: The following conditions must be met for a lawsuit: (1) The plaintiff is a citizen, a legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit. Article 123:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

1. The starting conditions are different. The premise of arbitration is that the parties have reached an arbitration agreement. Civil litigation does not require negotiation between the parties, and the court will accept it as long as the statutory conditions are met.

2. The institutions are different. The arbitration commission is established by the relevant departments of the people's organization. The court is the adjudicating body of the national law.

3. The rights of the parties are different. Arbitration is the right of the parties to choose the arbitrator. The adjudicator of a civil lawsuit is decided by the court.

4. The procedure is different. The arbitration shall be final in the first instance. Civil litigation can go through three stages: first instance, second instance and retrial. In addition, arbitration is generally not heard in public, while civil litigation must be heard in public unless there are special circumstances.

5. The charges are different. There is no provision that the arbitration fee can be reduced, deferred or exempted, but the court has provisions. Arbitration fees are higher than litigation fees.

Disputes that can be entered directly into litigation proceedings without arbitration include () aThe worker directly files a lawsuit with the people's court on the basis of the employer's wage IOU, and the litigation claim does not involve other disputes in the labor relationship.

b.The worker directly files a lawsuit with the people's court with the employer's wage IOU as evidence, and the litigation claims involve other disputes in labor relations.

c.The labor contract dispute case between the employee and the employer with the employee is closed on the basic facts.

d.Disputes between the employee and the employer over working hours, rest and leave due to the implementation of national labor standards.

Correct Answer: a