1, the premise of arbitration and litigation is different.

Arbitration is an arbitration agreement based on mutual agreement between the parties (according to China's arbitration law, it must be in writing, and arbitration cannot be conducted without a written agreement). It is a social relief mechanism that voluntarily submits disputes between the two parties to a third-party arbitration institution for adjudication and assists both parties to resolve disputes. The agreement can be concluded before or after the dispute.

The lawsuit does not need the consent of both parties, as long as one party files a lawsuit in a court with jurisdiction in accordance with the procedures prescribed by law. It belongs to public relief, that is, compulsory intervention with the help of state public power.

2. The scope of arbitration and litigation is different.

According to the provisions of China's Arbitration Law, administrative disputes and disputes related to personal relations cannot be arbitrated even if both parties have an agreement. For example, whether marriage exists, whether adoption continues, guardianship obligations and other related disputes. Not applicable to arbitration.

There is no such restriction in the lawsuit. Litigation can accommodate a wide range, and civil disputes, criminal cases and administrative litigation can all be judged through litigation.

3. The jurisdictional mechanisms of arbitration and litigation are different.

Arbitration does not distinguish between regional jurisdiction, hierarchical jurisdiction and exclusive jurisdiction, and the choice of jurisdiction institutions respects the wishes of the parties.

Litigation is more stringent, and it must be conducted in a court with jurisdiction according to law, and it cannot be agreed at will.

4. Arbitration and litigation have different scope of independent choice.

After the arbitration is started, the parties may arbitrarily select arbitrators from the list of arbitrators, or entrust the chairman of the Arbitration Commission to select and form an arbitration tribunal.

However, after filing a lawsuit, the parties are not free to choose a judge, except that they can apply for withdrawal according to legal circumstances, and the judge is appointed by the court.

5. The adjudication procedures of arbitration and litigation are different.

Arbitration is final and takes legal effect as of the date when the arbitration institution makes the award. Of course, if there are circumstances that can be revoked by law, you can apply for revocation.

Litigation generally adopts the system of two trials and final adjudication. If a party refuses to accept the judgment of first instance, he may appeal within the prescribed time limit according to law. The judgment of second instance is final and cannot be appealed. Of course, if there are laws that meet the conditions for retrial, you can apply for retrial.