24民诉法之仲裁与仲裁法概述(09年司考三大本分段学习)（Overview of arbitration and the Arbitration Law of the 24 Law (09 years and three big Scott subsection learning)）.docVIP

24民诉法之仲裁与仲裁法概述(09年司考三大本分段学习)（Overview of arbitration and the Arbitration Law of the 24 Law (09 years and three big Scott subsection learning)） Section 1 Summary of arbitration I. The concept of arbitration In Chinese, arbitration is a word from the word meaning, meaning centered Zhong said, cut , said the judge, to measure the meaning of the conclusion. In accordance with the interpretation of the modern Chinese dictionary, arbitration is the third of the two parties to the dispute to decide on the matter of dispute. Arbitration, as a legal concept has its specific meaning, namely the arbitration refers to a dispute between the two sides of the parties, according to the parties in the dispute occurs before or after the occurrence of the dispute of the voluntary agreement, submit the dispute to the neutral third party to judge the dispute settlement system and method. Arbitration has the following three elements: 1. arbitration is a dispute resolution system and method based on the voluntary negotiation between the parties; 2. arbitration is the system and method of dispute resolution by the third parties chosen by both parties voluntarily; 3. the neutrality of the third partys decision is binding on both parties. Like mediation and litigation, arbitration is also a way to resolve disputes, but arbitration is not a judicial procedure, that is, a legally binding dispute resolution. This method is widely used in the dispute resolution process of civil and commercial matters, and also becomes an important way to resolve the disputes between labor disputes and agricultural contract disputes, namely, labor dispute arbitration and agricultural contract disputes arbitration. Because of the differences between labor dispute arbitration and agricultural contract dispute, arbitration and civil and commercial arbitration, according to the provisions of the arbitration law, the above two kinds of arbitration are not subject to arbitration law adjustment. Therefore, the following