There are two major categories of economic disputes: one is economic contract disputes, such as sales contract disputes, loan contract disputes, contract contract disputes, construction project contract disputes, technology contract disputes, etc.; the other is economic tort disputes; such as Intellectual property rights (such as patent rights, trademark rights) infringement disputes, ownership infringement disputes, business rights infringement disputes, etc. In a market economy, a contract is a legal and universal form for establishing transaction relationships between equal market entities, jointly implementing transaction behaviors, and pursuing and realizing economic goals. Therefore, contract disputes are the main part of economic disputes.
There are many reasons for economic disputes, both subjective and objective. Based on the situation of my country's economic activities, there are three main reasons for economic disputes:
1. The basis for conducting economic activities is not standardized. When market entities conduct economic activities, non-standard basis is the main cause of economic disputes. Gentlemen's contracts can be seen everywhere, resulting in unstructured performance of economic contracts, resulting in disputes;
2. When conducting economic activities, rules are not strictly observed. Some entities in economic and legal relationships do not strictly follow the law and act according to their own interests, deliberately failing to perform the contract or entering into a false contract, resulting in disputes;
3. Administrative intervention by relevant departments, resulting in economic disputes.
(1) The concept of arbitration
Arbitration means that the two parties reach a written arbitration agreement before or after the occurrence of the dispute and voluntarily submit the dispute between them to an arbitration agreement agreed by both parties. The arbitration institution conducts hearings and makes rulings to resolve disputes.
(2) Characteristics of arbitration
1. Arbitration is based on the voluntariness of both parties;
2. Arbitration institutions are private organizations;
3. The arbitration award has mandatory legal effect;
4. The arbitration process and results are confidential;
5. The arbitration is expeditious.
(3) Basic principles of arbitration
The basic principles of arbitration are guidelines that guide the arbitration process and are also codes of conduct that arbitration institutions and both parties must abide by.
1. The principle of independent arbitration in accordance with the law;
2. The principle of party autonomy;
3. The principle of jurisdiction by agreement;
4. The principle of one decision is final;
5. The principle of fairness and reasonableness.
Legal basis:
Article 2 of the "Arbitration Law of the People's Republic of China" Contractual disputes and other matters between citizens, legal persons and other organizations who are equal subjects Disputes over property rights can be arbitrated.