Legal analysis: No, arbitration is a method of settlement agreed upon by both parties. If the parties reach an arbitration agreement and one party files a lawsuit in the People's Court, the People's Court will not accept the case, unless the arbitration agreement is invalid.
Legal basis: Article 2 of the "Arbitration Law of the People's Republic of China" Contract disputes and other property rights disputes between citizens, legal persons and other organizations who are equal subjects can be arbitrated. Article 3 of the "Arbitration Law of the People's Republic of China" The following disputes cannot be arbitrated: (1) disputes over marriage, adoption, guardianship, support, and inheritance; (2) administrative disputes that should be handled by administrative agencies in accordance with the law.
Article 4 of the "Arbitration Law of the People's Republic of China" stipulates that parties who use arbitration to resolve disputes must reach an arbitration agreement voluntarily. If one party applies for arbitration without an arbitration agreement, the arbitration committee will not accept it. Article 5 of the Arbitration Law of the People's Republic of China: If the parties reach an arbitration agreement and one party files a lawsuit in the People's Court, the People's Court will not accept the case, unless the arbitration agreement is invalid.