What’s the difference between arbitration and administrative decision-making?
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.
Important Information about Arbitration
Arbitration Processes
General Knowledge about Arbitration
Demonstrative Clauses
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