1. Arbitration, as a non-litigation dispute resolution method, is different from litigation. Arbitration is a dispute settlement method in which the parties voluntarily submit the cause of action to a neutral third party. The principle of voluntariness is the basic principle of arbitration system and the cornerstone of its existence and development.
2. The intention of the parties to submit to an arbitration institution for arbitration settlement is the legal basis for granting the arbitration institution jurisdiction over the disputed case and excluding the court jurisdiction;
3. If there is no arbitration agreement and one party applies for arbitration and the arbitration institution cannot accept it, the arbitration commission shall be selected by agreement of the parties; The arbitration commission shall accept the case according to the arbitration agreement reached by the parties before or after the dispute occurs and the written application of one party.
Legal basis: Article 4 of the Arbitration Law of People's Republic of China (PRC).
When the parties resolve disputes through arbitration, they shall voluntarily reach an arbitration agreement. If there is no arbitration agreement and one party applies for arbitration, the Arbitration Commission will not accept it.
Article 9
Arbitration shall be subject to the one-award final system. After the award is made, if the parties apply for arbitration or bring a lawsuit to the people's court on the same dispute, the arbitration commission or the people's court will not accept it.
If the award is revoked or not executed by the people's court according to law, the parties may apply for arbitration according to the arbitration agreement reached by both parties, or bring a lawsuit to the people's court.