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What’s the difference between arbitration and administrative decision-making?

Time : 2020-04-10 18:04:54      Author :      Views:4251

Arbitration and administrative decision-making are different mainly in the following aspects:


1. Applicable laws. Arbitration is conducted by an arbitration commission for the settlement of a dispute in accordance with the Arbitration Law and other relevant laws and regulations; administrative decision-making is conducted by a national administrative organ for the settlement of a dispute in accordance with its powers and relevant administrative regulations.


2. Basis for jurisdiction. Arbitration is subject to agreed jurisdiction, while an arbitration commission accepts a case based on an arbitration agreement reached by and between the parties; however, administrative decision-making is subject to compulsory jurisdiction of a national administrative organ based on its administrative functions.


3. Adjudicatory body. An arbitral award is made by an arbitral tribunal selected by the parties; while, an administrative decision is made by a national administrative organ.


4. Nature of adjudication. Arbitration is the adjudication of contract disputes and other disputes over rights and interests in and/or to properties among equal entities, including citizens, legal persons, and other organizations; while, administrative decision-making is the adjudication conducted by a national administrative organ based on its powers in the relationship of administrative subordination between the leader and the led, and between the administrator and the administered.

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