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The relationship between civil litigation and arbitration
Legal analysis: 1. The Civil Procedure Law is "the general name of the norms regulating the legal relationship of civil litigation" and the Arbitration Law is "the general name of the norms regulating the legal relationship of arbitration".

2. Civil litigation is a "two-instance final adjudication system", that is to say, the parties can start the first and second instance of civil dispute settlement, and even file a retrial on the effective judgment.

Arbitration is the "arbitration termination system", with one arbitration termination.

Arbitration is a one-time arbitration system, that is to say, in a case, the arbitration tribunal only makes an arbitration award once, and then enters the execution procedure. Without a second ruling, no lawsuit can be brought to the people's court.

An arbitral award has the same legal effect as a court decision, and once it is made, the parties must fulfill their obligations. If one party refuses to perform voluntarily, the other party may apply to the people's court for enforcement. "

3. Arbitration is an agreement system. Arbitration is required without an agreement, but it is not required in civil litigation, as long as it meets the conditions for prosecution. Arbitration is final, and civil litigation is final of second instance. The two are either arbitration or trial, and their jurisdiction is mutually exclusive.

Legal basis: Article 124 of the Civil Procedure Law of People's Republic of China (PRC) stipulates an arbitration clause in a written contract, or a written arbitration agreement is reached after a dispute occurs, and one party brings a suit in a people's court, the people's court shall inform the plaintiff to apply to an arbitration institution for arbitration. If he insists on bringing a lawsuit, the award will not be accepted, except that the arbitration clause or arbitration agreement is invalid, unclear and unenforceable.