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Can personal infringement be arbitrated?

Time: 2024.03.02 label: Litigation and arbitration arbitration Reading: 1205 people
Lawyer's analysis:
Property disputes arising from personal infringement may be arbitrated if an arbitration agreement is reached. Occurrence between citizens, legal persons and other organizations of equal subjects contract dispute And other disputes over property rights and interests may be arbitrated. Marriage adoption , supervision support inherit Personal disputes and administrative disputes that should be handled by administrative organs according to law cannot be applied for arbitration.
Legal basis:
Article 2 of Arbitration Law
Contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.
Article 3 of Arbitration Law
The following disputes cannot be arbitrated:
(1) Disputes over marriage, adoption, guardianship, support and inheritance;
(2) Administrative disputes that should be handled by administrative organs according to law.
Article 4 The parties to a dispute settled by arbitration shall reach an arbitration agreement of their own free will. In the absence of an arbitration agreement, if one party applies for arbitration, the Arbitration Commission will not accept it.
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It can directly report to the enforcement court, and the court will decide what measures to take. 1、 The person to be executed for dishonesty is in essence a party to a civil case, not a suspect of an illegal crime; 2、 A dishonest person can only refuse to execute when he has the ability to do so

The ruling of the arbitration committee has legal effect. If one party fails to perform, the other party may apply to the court for compulsory execution. The parties shall perform the legally effective conciliation statement and award within the prescribed time limit. If one party fails to perform within the time limit, the other party may

The following contract disputes can be settled by arbitration: 1. Maritime and maritime contract disputes. Including disputes over maritime cargo transport, maritime passenger transport, ship leasing, maritime tugs, maritime insurance contracts, etc; 2. Real estate contract disputes. Including real estate transfer, real estate mortgage, real estate

Selected pictures and texts Pufa video Voice Answers
  • How long is the time limit for arbitration

     Legal Advisor

    Legal Advisor

    According to the provisions on the time limit for arbitration in the Arbitration Law of the People's Republic of China, if there is a specific time limit for arbitration, it shall prevail; If not, refer to the relevant regulations of the statute of limitations. In the civil field, the statute of limitations is usually three years.

    Views: one thousand one hundred and sixty-three 2024-06-30
  • How long will it take effect after arbitration of project funds

     Legal Advisor

    Legal Advisor

    Once the arbitral award is announced, it shall have legal effect. If the party concerned is dissatisfied with the result of the award, it shall file a lawsuit with the court within 15 working days after receiving the award. If no lawsuit is filed within the time limit, the award will come into force according to law and become the final decision.

    Views: one thousand and thirty-eight 2024-06-30
  • How to Deal with the Dispute of Construction Period in Project Contract

     Legal Advisor

    Legal Advisor

    Both parties shall voluntarily sign an agreement to resolve disputes through arbitration; Bringing a lawsuit through a court with statutory authority is the two paths for dispute resolution. The former emphasizes fair adjudication, while the latter relies on judicial procedures to properly resolve disputes.

    Views: nine hundred and eighty-six 2024-06-30
  • Which department belongs to the arbitration commission

    Lawyer Lu Dong

    The Arbitration Commission is an independent association legal person, not under the jurisdiction of any department. Arbitration activities are mainly completed by arbitration institutions, so arbitration institutions are an important part of the arbitration system. In the history of arbitration system, arbitration institutions have different forms of expression with the development of arbitration forms. Early arbitration was mostly a temporary act of civil dispute settlement, so there were few permanent arbitration institutions.

    Play volume: one thousand one hundred and fifteen 2022-06-07
  • How long will the application for labor arbitration be accepted

    Lawyer Hao Yuxin

    Within five days from the date of receiving the arbitration application, the labor dispute arbitration commission shall accept the application and notify the applicant if it believes that the application meets the conditions for acceptance; If it believes that the conditions for acceptance are not met, it shall notify the applicant in writing of its rejection and explain the reasons. If the labor dispute arbitration committee refuses to accept the case or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute.

    Play volume: one thousand four hundred and forty-five 2022-06-07
 Lawyer Huang Jia

Zhejiang Rongzhe Law Firm

Director of the Legal Business Department of Zhejiang Rongzhe Law Firm, director of the Lawyers' Law Research Association of Zhejiang Law Society, and legal adviser of Zhejiang Culture Museum, once worked in the Legal Affairs Department of two Fortune Global 500 headquarters. Engaged in the lawyer industry for many years, led the team to handle a large number of cases, and has rich experience in handling contract disputes, criminal defense, corporate legal counsel, property disputes, claims and debt disputes, etc. Understand the legal needs of various enterprises, served as legal counsel for several enterprises, published many papers on legal counsel, and obtained honorary certificates issued by Zhejiang Lawyers Association and Zhejiang Law Society. The law firm resources of a team of 100 lawyers can be mobilized (the largest law firm in Hangzhou Xiacheng District), and the team lawyers have held court sessions in the Supreme People's Court for many times.

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  • Where to go for arbitration of insurance contract disputes

    1733 people read

    There are three ways to resolve contract disputes: consultation, mediation, litigation or arbitration. It is preferred to solve the problem by agreement. If it fails, the grass-roots organization shall be invited to mediate. If mediation fails, you can appeal to the court. If there is an arbitration clause in the contract, you can apply to the arbitration institution for arbitration and resolve the dispute through the arbitration procedure.

  • How to confirm the validity of an arbitration agreement

    1350 people read

    The validity of the arbitration agreement may be confirmed by the arbitration commission or the people's court. If the parties have any objection to the validity of the agreement, they may apply to the arbitration commission for review or to the people's court for adjudication. However, the following circumstances shall be deemed invalid: the arbitration matters are beyond the legal scope, signed by a person with no or limited capacity for civil conduct, or one party forces the other party to sign by coercive means.

  • How to formulate arbitration jurisdiction agreement

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    1. Territorial jurisdiction: determine the arbitration authority to accept the case according to the scope of administrative region. 2. Level jurisdiction: determine the level of arbitration authority according to the influence of the case and the scale of the object of dispute. 3. Designation of jurisdiction: in case of jurisdiction dispute, both parties shall negotiate or the superior arbitration authority shall appoint the jurisdiction. 4. Transfer to jurisdiction: transfer the accepted cases to a more suitable arbitration institution.

  • How to calculate the interest of delayed arbitration

    1823 people read

    According to the provisions of the current legal system of our country, when the person subjected to execution fails to perform his/her monetary obligations within the time limit specified in the award, he/she shall pay the corresponding overdue fine twice the length of the default period, and the overdue fine shall bear interest according to the interest rate of the same period published by the financial institution. At the same time, if the person subjected to execution fails to perform other obligations within the time specified in the judgment, ruling and other legal documents, he shall also pay the applicant the corresponding penalty for breach of contract.

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