What are the ways to resolve economic contract disputes?

What are the ways to resolve economic contract disputes? Today is a society ruled by law. Civil disputes are not uncommon. Various types of disputes are caused by different reasons. There have always been many disputes. When people's rights and interests are violated, the best way is to use legal means. Next, let's take a closer look at the ways to resolve economic contract disputes. What are the ways to resolve economic contract disputes 1

Negotiation:

The parties to a contract resolve disputes through mutual negotiation on a friendly basis. This is the best way.

Mediation:

If the parties to the contract cannot reach an agreement, they can request mediation from the relevant agency. For example, if one or both parties are state-owned enterprises, they can request mediation from a higher-level agency. Higher-level authorities should distinguish right from wrong on the basis of equality and conduct mediation instead of administrative intervention. The parties may also request mediation by contract management agencies, arbitration institutions, courts, etc.:

Arbitration:

If the parties to the contract fail to reach an agreement through negotiation and are unwilling to mediate, they may proceed according to the arbitration clause stipulated in the contract. Or the parties may apply for arbitration to an arbitration institution based on an arbitration agreement reached after the dispute occurs.

Litigation:

If there is no arbitration clause in the contract and no arbitration agreement is reached afterwards, the parties to the contract can bring the contract dispute to the court to seek judicial resolution. In addition to the above general characteristics, some contracts also have voluntary characteristics. For example, foreign-related contract disputes may be resolved by citing foreign laws instead of relevant Chinese contract laws.

Legal basis: "Labor Contract Law of the People's Republic of China"

Article 3 When entering into a labor contract, legality, fairness and equality must be followed The principles of voluntariness, consensus, and good faith. A labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.

Article 7 The employer shall establish a labor relationship with the employee from the date of employment. The employer shall establish a roster of employees for reference.

Article 8 When recruiting workers, the employer shall truthfully inform the workers of the work content, working conditions, working location, occupational hazards, production safety conditions, labor remuneration, and other information that the workers require to know. ; The employer has the right to know the basic information directly related to the employee and the labor contract, and the employee should explain it truthfully.

Article 9 When an employer recruits workers, it shall not detain the workers’ resident identity cards and other documents, require the workers to provide guarantees, or collect property from the workers in other names.

Article 10 To establish a labor relationship, a written labor contract shall be concluded. If a labor relationship has been established but a written labor contract has not been concluded at the same time, a written labor contract must be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment. What are the ways to resolve economic contract disputes 2

1. Can economic contract disputes be arbitrated?

Contract economic disputes can be arbitrated. Arbitration refers to a system and method for resolving disputes in which the parties to a dispute reach an agreement on a voluntary basis and submit the dispute to a non-judicial third party for trial, and the third party makes an award that is binding on all parties to the dispute. The law stipulates that except for disputes regarding marriage, adoption, guardianship, support, inheritance and administrative disputes that should be handled by administrative agencies according to law, which cannot be submitted to arbitration, other disputes can be arbitrated.

Legal basis:

Article 2 of the "Arbitration Law of the People's Republic of China"

Occurrences between citizens, legal persons and other organizations who are equal subjects Contract disputes and other property rights disputes can be arbitrated.

Article 16, Paragraph 1, of the Arbitration Law of the People's Republic of China

The arbitration agreement includes the arbitration clause entered into in the contract and other written forms before the occurrence of the dispute. or an agreement to request arbitration reached after a dispute occurs.

2. What are the arbitration clauses in the contract?

(1) Place of arbitration

Strive to arbitrate in the home country. However, arbitration in the defendant country is more objective and fair. If arbitration is conducted in a third country, we must choose a country that is politically friendly to us.

(2) Arbitration Institution

Arbitration in international trade can be conducted in a permanent arbitration institution agreed by both parties, or it can be composed of an ad hoc arbitrator jointly appointed by both parties. The arbitral tribunal conducts the arbitration. In recent years, most international commercial arbitration adopts institutional arbitration. Therefore, the arbitration clause should specify which arbitration institution will conduct the arbitration.

(3) Arbitration Rules

According to the general practice of international arbitration, in principle, the Spanish rules of the place of arbitration shall be adopted, but it is also legally allowed for both parties to The arbitration rules of an arbitration institution in another country other than the place of arbitration shall be adopted. Therefore, clear provisions should be made in the arbitration clause.

(4) The validity of the arbitration award

When entering into an arbitration clause, its finality and binding force are usually clearly stipulated.

(5) Burden of arbitration fees

The contract should clearly stipulate who shall bear the arbitration fees. It is usually borne by the losing party, but may be stipulated otherwise. Arbitration fees are generally charged at 0.1%-1% of the value of the dispute.

3. What is arbitration of contract disputes?

Arbitration refers to an agreement by both parties to submit the dispute to a third party (with a recognized status), and the third party will resolve the dispute. A method of resolving disputes by judging and making a ruling on the merits. Arbitration is different from litigation and trial. Arbitration requires the voluntariness of both parties. It is also different from compulsory mediation. It is a special kind of mediation and a voluntary arbitration, which is different from compulsory arbitration such as litigation. Situations in which contract disputes can be submitted to arbitration:

First, economic contract disputes. Including purchase and sale, construction project contracting, processing contracting, cargo transportation, electricity supply and use, warehousing and custody, property leasing, borrowing, property insurance and other economic contract disputes.

Second, real estate contract disputes. Including real estate transfer, real estate mortgage, and house rental contract disputes.

Third, technical contract disputes. Including technology development, technology transfer, technical consulting and technical service contract disputes.

Fourth, financial, securities, and futures trading disputes.

Fifth, intellectual property contract disputes. Including copyright and trademark license contract disputes, patent license contract disputes, etc.

Sixth, foreign-related economic contract disputes. Including foreign-related sales, entrusted sales, transportation, technology transfer, leasing, insurance, Sino-foreign joint ventures, cooperation contract disputes, and other contract disputes in foreign-related economic and trade. What are the ways to resolve economic contract disputes 3

1. Can economic disputes be arbitrated?

Economic disputes can be arbitrated. Economic disputes account for a large proportion of civil and commercial disputes. In the process of activities, different economic actors form civil rights and obligations due to different types of economic activities. Such disputes must be handled through civil litigation. Therefore, the liability for economic disputes mainly refers to the compensation obligations arising from related liabilities.

2. How to collect the prosecution fees for economic disputes

The case acceptance fee refers to a certain fee that parties should pay to the people's court in accordance with the law when conducting civil litigation. Due to different case circumstances, the standards and methods for collecting case acceptance fees are also different. Litigation fees for economic disputes are generally implemented in accordance with the following standards.

1. If it does not exceed 10,000 yuan, 50 yuan will be paid for each item;

2. For the part exceeding 10,000 yuan to 100,000 yuan, 2.5% will be paid;

3. For the portion exceeding 100,000 yuan to 200,000 yuan, the payment is 2%;

4. The portion exceeding 200,000 yuan to 500,000 yuan is charged 1.5%;

5. For the portion exceeding 500,000 yuan to 1 million yuan, 1% shall be paid;

6. For the portion exceeding 1 million yuan to 2 million yuan, 1% shall be paid; 0.9% is paid;

7. The portion exceeding 2 million yuan to 5 million yuan is paid at 0.8%;

8. The portion exceeding 5 million yuan to 10 million yuan is paid at 0.8%. 0.7% is paid;

9. The portion exceeding 10 million yuan to 20 million yuan is paid at 0.6%;

10. The portion exceeding 20 million yuan is paid at 0.5%.

The calculation method of property case acceptance fees is to calculate the amount of the subject matter of litigation in segments according to the above provisions, and then add them up, and the total amount is the amount receivable.

3. Basic principles of economic dispute litigation

The basic principles of economic litigation refer to the basic principles stipulated by law that guide the entire economic litigation process. It is a code of conduct that must be followed by the people's courts when conducting trial activities and by parties to economic litigation and other litigation participants when conducting litigation activities. The basic principles of economic litigation include the principle of homogeneity of litigation and the principle of uniqueness. As far as unique principles are concerned, the main ones are:

1. The principle of equal litigation rights of the parties;

2. The principle of court mediation;

3. The principle of disposition; < /p>

4. Principle of debate;

5. Principle of support for prosecution;

6. Principle of equality and reciprocity;

7. Prosecution Principles of supervision.