There are no restrictions on hierarchical or territorial jurisdiction in arbitration. When agreeing on an arbitration institution, the parties can flexibly choose according to their own needs. When conducting litigation, it is necessary to go to the court with jurisdiction to sue and respond to the lawsuit in accordance with the provisions of hierarchical jurisdiction and territorial jurisdiction.

These were the words that the lawyer encouraged the two couples, and they also thought about it for a long time.

Professor Li is reluctant to litigate in a court with jurisdiction, for the simple reason that litigation is open and can be found on the Internet, while arbitration is not open and can be found in other places, which can reduce a lot of impact.

"Yes, and he said that we can choose arbitrators if we want to, which is much more advantageous than the case where a lawsuit is filed. ”

This is an important factor that Professor Li has refused to deny to this day.

Of course, there is a more important point besides this, Professor Li did not say it, but Shang Luoyu and Huang Yixi also knew it.

Arbitration lawyers are part-time lawyers, legal advisers, or retired lawyers. In the case of arbitration, arbitrators are selected in the following ways:

(1) The parties have agreed on the composition of the arbitral tribunal, and there are two situations in which case. In the first case, the parties agree that the arbitral tribunal shall be composed of three arbitrators, and there are two ways to select the arbitrators: one is for each of the parties to appoint an arbitrator or to entrust the chairman of the arbitration commission to appoint an arbitrator, and the third arbitrator is jointly selected by the two parties; Second, each party shall appoint an arbitrator, or each party shall entrust the chairman of the arbitration commission to appoint an arbitrator, and the third arbitrator shall be appointed by the chairman of the arbitration commission jointly entrusted by the parties. Of the two types, the third arbitrator is the presiding arbitrator. In the second case, if the parties agree that an arbitral tribunal shall be established by one arbitrator, the parties shall jointly nominate or entrust the chairman of the arbitration commission to appoint the arbitrator.

(2) If the parties fail to agree on the composition of the arbitral tribunal within the time limit specified in the arbitration rules, the chairman of CIETAC shall decide on the composition of the arbitral tribunal; If the parties have agreed on the composition of the arbitral tribunal within the time limit specified in the arbitration rules but have not selected an arbitrator, the chairman of CIETAC shall appoint the arbitrator.

After the arbitral tribunal has clearly investigated the facts of the dispute and declared the hearing closed, it shall conduct deliberation by the arbitral tribunal and make an award in accordance with the opinions of the majority of the arbitrators in the deliberation. If the arbitral tribunal is unable to reach a majority opinion, the decision shall be made in accordance with the opinion of the presiding arbitrator.

I also understood with my toes that the lawyer was hinting at this, and the arbitrator chose it himself, and the result could be mastered by himself, which was better than appointing a judge who didn't know whether it was a bear or a tiger after the court filed the case.

"You are all professionals, and you must be well aware that my husband and I are very busy with work and do not have the energy to spend on the procedures of the first trial, second instance and second trial. ”

Professor Li's three sentences are not far from efficiency, although her tone is aggressive, but from her position, it is not wrong.

The court's litigation procedures generally implement the final adjudication system of the second instance of the four-level courts, which is divided into the first instance and the second instance, and if the result is not satisfied, it can also be retried and reapplied, although the retrial and reapplication do not affect the judgment result, but there are many cases in which the case will be remanded for retrial or even directly changed the judgment, in accordance with the provisions of the Civil Procedure Law, the time limit of the first instance is 6 months and can be extended, and the time limit of the second instance is 3 months and can also be extended, and if the case enters the retrial, retrial or protest link, the trial process may start from the beginning. Therefore, when a case enters the litigation process, its time cost cannot be ignored.

In contrast, the final system of the first award is simple and straightforward. It ensures that once the arbitral award is made, it will have the effect of enforcement, which can save a lot of time and cost for the litigant.

Moreover, there are also online arbitration methods, including case filing, acceptance, trial to award, service, etc., which are all carried out online, which is convenient, fast, and economically feasible.

Knowing that the two lawyers had understood the reason why they chose the arbitration procedure, Huang Yixi was not polite and directly threw out the focus of the contradiction.

"Tell me, there are so many criticisms of litigation and so many benefits of arbitration, why would people prefer litigation to arbitration?"

Knowing that the court door is difficult to enter, things are difficult to handle for a long time, and the arbitration threshold is easy to cross, why would everyone prefer to take that extremely difficult road rather than take that easy road?

Looking at the blank expressions on the faces of the husband and wife, Huang Yixi could only answer by himself, "This lawyer is right, but there are two reasons that you may not have considered, one is that there must be an agreement on arbitration, and both parties are voluntary, but you definitely can't let your brothers and sisters apply for arbitration together, so if they have any objections, as long as one of them goes to sue, you have to start all over again." ”

On February 23, the Supreme People's Court held a press conference to release the judicial interpretation of the Provisions on Several Issues Concerning the Handling of Cases of Enforcement of Arbitral Awards by the People's Courts, which came into force on March 1. In view of the phenomenon of malicious arbitration and sham arbitration by individual parties harming the legitimate rights and interests of outsiders, the judicial interpretation provides a remedy for outsiders and expressly gives them the right to apply for non-enforcement of arbitral awards.

The most critical aspect of this case is the lack of cooperation between their siblings.

As long as some of them raise objections or sue directly, then they go around in a big circle, and finally go back to the pre-liberation period.

After Huang Yixi finished talking about the difference, he threw the choice to them, and stopped making a sound, whether to choose Gou An for a while or once and for all, it can only be decided by their husband and wife.

In fact, there is a little difference between litigation and arbitration now, it turns out that in Baishui Prefecture, there are still more people who choose the channel of arbitration, because at that time, the litigation fees of the court lawsuit were paid by the plaintiff in advance, and even if the court wins, the judgment is borne by the defendant, and the court's litigation fees are not refunded.

When the defendant has no property to enforce, many plaintiffs have won the lawsuit and lost money.

Later, as long as the plaintiff won the case, he could apply to the court for a refund of the case acceptance fee, but arbitration still did not work, so the court had more cases.

However, this has nothing to do with the situation of Chen Zeyi and his wife, and they will be responsible for the case acceptance fee, whether they are the plaintiff or the defendant, so Huang Yixi did not say it.

Taking advantage of the time for their husband and wife to consider, Huang Yixi and Shang Luoyu simply walked out of the box, and the two of them sat for a day, and the blood circulation was about to stop, so they just stood up and walked around, loosening their hands and feet.

Thinking that the two of them needed to discuss a lot of time, and it was not a way to stay in the café all the time, the two of them simply walked out of the café again, and as soon as they pushed the door open, the rain and snow drifted in front of them, staining their faces, Huang Yixi pursed the corners of his lips in disgust, the snowflakes are too small, and this kind of snow melts as soon as it lands, like rain.

Songjiang is an international metropolis, and even though there are many fewer cars during the Chinese New Year, the exhaust fumes are still very serious, and the smell of gasoline is caused by snowflakes hitting the face.

Shang Luoyu didn't feel it, he thought that Huang Yixi was too sensitive.