Article 2 of the Arbitration Law stipulates that "contract disputes and other property rights disputes between citizens, legal persons and other organizations with equal subjects may be arbitrated". Three principles are defined here: first, the parties to a dispute must be civil subjects, including domestic and foreign legal persons, natural persons and other legal person organizations with independent subject qualifications; Second, disputes in arbitration should be handled by the parties themselves; Third, the scope of arbitration must be contract disputes and other property rights disputes. Contract disputes refer to disputes arising from the conclusion or performance of various economic contracts by both parties in economic donation activities, including natural persons, legal persons and other organizations with equal subjects at home and abroad, such as domestic economic contract disputes, intellectual property disputes, real estate contract disputes, futures and securities trading disputes, insurance contract disputes, loan contract disputes, bill disputes, mortgage contract disputes, transportation contract disputes, maritime disputes, and foreign-related disputes involving Hong Kong, Macao and Taiwan provinces. Other property disputes mainly refer to disputes caused by infringement, which are more common in the fields of product quality responsibility and intellectual property rights. According to the provisions of the Arbitration Law, there are two types of disputes that cannot be arbitrated: First, disputes over marriage, adoption, guardianship, maintenance and inheritance cannot be arbitrated. Although these disputes belong to civil disputes, they also involve property rights and interests disputes to varying degrees. However, these disputes often involve identity relations that the parties themselves cannot freely dispose of, and need to be decided by the court or government agencies, so they are not under the jurisdiction of arbitration institutions. Second, administrative disputes cannot be decided. Administrative disputes, also known as administrative disputes, refer to disputes between state administrative organs, or between state administrative organs and enterprises, institutions, social organizations and citizens due to administrative management. Foreign laws stipulate that such disputes should be resolved through administrative reconsideration or administrative litigation according to law. The Arbitration Law also stipulates that the arbitration of labor disputes and agricultural contract disputes within agricultural collective economic organizations shall be stipulated separately by the state, which means that the Arbitration Law is not applicable to solving such disputes. This is because labor disputes and agricultural contract disputes within agricultural collective economic organizations can be arbitrated, but unlike ordinary civil economic disputes, they can only be adjusted through other provisions.
Legal objectivity:
The arbitral award shall be made by the arbitration tribunal. The arbitral award shall be made by the sole arbitrator in the hearing conducted by the sole arbitration tribunal; If the collegiate arbitration tribunal hears the case, the arbitration award shall be made by three arbitrators collectively. According to the provisions of China's arbitration law, the collegiate bench arbitration tribunal adopts different methods according to different situations when making an arbitration award: 1. Make an arbitration award according to the opinions of the majority of arbitrators. Making an arbitration award according to the opinions of the majority of arbitrators is a basic principle of arbitration, that is, the principle that the minority is subordinate to the majority, and it is also a common way of arbitration practice. Article 53 of China's Arbitration Law stipulates that the award shall be made in accordance with the opinions of the majority of arbitrators, and the different opinions of a few arbitrators may be recorded in the record. The opinion of the majority of arbitrators means that at least two of the three arbitrators of the arbitration tribunal hold the same opinion. If the three arbitrators hold their own opinions and cannot form a majority opinion, the arbitration award cannot be made in this way. 2. Make an arbitration award according to the opinions of the presiding arbitrator. Making an arbitral award according to the opinion of the presiding arbitrator is a way for the arbitral tribunal to make an arbitral award when there is no law to form a majority opinion. Article 53 of the Arbitration Law stipulates that if the arbitration tribunal cannot form a majority opinion, it shall make an award according to the opinion of the presiding arbitrator. The people's court shall meet the following conditions when enforcing the arbitral award: (1) The parties must apply to the people's court with jurisdiction. According to the relevant provisions of the Civil Procedure Law, domestic arbitral awards and foreign-related arbitral awards are executed in different courts. If it is a domestic arbitral award, if one party fails to perform the arbitral award, the other party may apply to the people's court where the person subjected to execution has his domicile or where the property subjected to execution is located. The specific level of laws implemented by the people's courts is not expressly stipulated, but it should generally be under the jurisdiction of the grassroots people's courts. However, if the higher people's courts have special provisions, it shall be handled in accordance with the notice formulated by the higher people's court. If it is a foreign-related arbitral award and one party refuses to perform its obligations, the other party may apply to the Intermediate People's Court where the respondent has his domicile or property. (2) An application for execution and legal documents for execution must be submitted to the people's court. The application for execution shall specify: the matters and reasons for application for execution, the facts and basis for the person subjected to execution to refuse to perform his obligations, the name, quantity and place of the subject matter to be executed, the economic situation of the person subjected to execution and the property available for execution. In addition, the applicant for enforcement shall also submit the arbitral award on which the enforcement is based and other materials that the people's court deems necessary. (3) The application for enforcement of the arbitral award must be made within the time limit prescribed by law. According to the first paragraph of Article 219 of the Civil Procedure Law, the time limit for applying for execution varies from applicant to applicant: if both parties or one party is a citizen, it is one year; If both parties are legal persons or other organizations, it is 6 months. The above-mentioned time limit shall be calculated from the last day of the performance period stipulated in the arbitration award, or from the last day of each performance period stipulated in the arbitration award if it is performed by stages. If the time limit for application execution is exceeded without justifiable reasons, the applicant loses the right to request the people's court for compulsory execution. Therefore, after the arbitration award comes into effect, if one party fails to perform its obligations within the time limit stipulated in the award, the other party may apply to the people's court for compulsory execution according to law. After the parties apply to the people's court for enforcement of the arbitral award according to law, the people's court shall enforce it. It is both the power and the obligation of the people's court to execute the effective arbitration award according to law.