If you have an economic dispute or labor dispute with others in your life, you can apply to the Arbitration Commission for arbitration. But not all disputes can be applied for arbitration. Applying for arbitration must follow certain conditions.
1. What is the arbitration basis of the Arbitration Commission?
1. arbitration agreement.
2. Arbitration matters fall within the scope of acceptance of the Arbitration Commission.
3. There are specific arbitration claims, facts and reasons.
The specific arbitration request refers to what problems the arbitration applicant hopes to solve through arbitration and what property rights and interests are protected. Facts refer to the process of contract disputes and other property disputes. If the applicant has evidence to prove this fact, it shall also provide relevant evidence. The reason for arbitration is why such an arbitration request is made. It is the applicant's subjective understanding, which may or may not be right. It does not emphasize that the applicant must provide objective and unquestionable factual basis before accepting.
Two. Jurisdiction basis of arbitration commission
Article 4 and Article 6 of China's Arbitration Law respectively stipulate that if the parties settle their disputes by arbitration, they shall voluntarily reach an arbitration agreement.
Without an arbitration agreement, if one party applies for arbitration, the arbitration institution cannot accept it. The arbitration commission shall be selected by agreement of the parties. The Arbitration Rules of China International Trade Arbitration Commission also clearly stipulates the issue of arbitration jurisdiction. Article 3 of the Rules stipulates: "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."
It can be seen that whether the dispute can be settled by arbitration and who enjoys arbitration jurisdiction depends on the arbitration agreement reached between the parties.
In order to prove that the parties have an agreement on arbitration, all arbitration institutions generally stipulate that the parties should submit a written arbitration agreement when applying for arbitration, which can be a contract arbitration clause or a separate arbitration agreement.
Three. Arbitration principles of the Arbitration Commission
(1) The principle of taking facts as the basis and law as the criterion;
(2) the principle of equality of parties;
(3) the principle of avoidance;
(4) The principle of using the spoken and written language commonly used by local nationalities for arbitration;
(5) the principle of mediation priority;
(6) the principle of "one cut";
(7) The principle that the arbitration organ intervenes according to law and is not interfered by other units and individuals;
(8) The principle that the parties have the right to defend the disputed issue.
Legal objectivity:
According to Article 2 of the Arbitration Law of People's Republic of China (PRC), "contract disputes and other property rights disputes between citizens, legal persons and other organizations with equal subjects may be arbitrated." The scope specifically includes: 1, various contract disputes. Including the sale, gift, loan, lease, entrustment, punishment, processing contract, technology, construction, real estate, product quality, transportation, warehousing, finance, securities, insurance, futures, investment, copyright, patents, trademarks, foreign-related economic and trade, maritime and other contract disputes. 2. Other property rights disputes. Non-contractual real right disputes mainly refer to infringement disputes, including consumer rights infringement disputes, maritime infringement disputes and other real right infringement disputes. In addition, China's laws clearly stipulate the contents of disputes that cannot be submitted for arbitration according to the Arbitration Law of People's Republic of China (PRC): ① Civil disputes over citizens' personal relations, specifically disputes over marriage, adoption, guardianship, upbringing and inheritance; Administrative disputes that should be handled by administrative organs according to law; (3) For economic disputes in special fields, the state has arranged a special dispute resolution mechanism, specifically labor disputes and agricultural contract disputes within agricultural collective economic organizations.