Litigation is the embodiment of a national force to the arbitration agreement, arbitration is the cornerstone, embodies the party's autonomy, no arbitration agreement, both parties are unlikely to take their dispute to the arbitration commission. But litigation is concerned, no matter whether the arbitration agreement, as long as there is the right of action, can be submitted to court for the trial of the case.

 Proceeding from the trial level is a two tiered system, at the same time, two final trial system, if the case is not just, can mention the retrial and appeal. But the case, everyone says is a one-time award, have the force of law, that is to say "short-lived business".

 So the litigation and arbitration is a strict distinction, but we are now in the modern society, more and more opportunities for arbitration, arbitration cases has its characteristics: high efficiency. After accepting the case, ruling rules of arbitration institutions in general, some Arbitration Commission is high efficiency, regulates four months. Like the Beijing Arbitration Commission is such. As stipulated China international economic and Trade Arbitration Commission is nine months, but the litigation, trial of second instance is six months, three months, after the transit time, a case shot down at least a year of much time, so from time to time, simple, high efficiency, also has a strict distinction.

 In addition the more embodies the autonomy of both parties. In the arbitration case agent process, the arbitration tribunal to fully listen to the views of both sides, but also can fully allow the parties to express their views. The coercive power of the state in the arbitration case, embodied with litigation also has a strict distinction. In the verdict came after a single award, it has legal effect, can go to arbitration institutions where local grassroots people's court for compulsory execution.

 Like the lawsuit general after a finished has the right to bring the second instance, the final finished can bring deep, can do a complaint. So this is completely different. Arbitration cases after the decision, may apply for revocation, to intermediate people's court to arbitration institution is located for cancellation, can also apply for not enforcing etc.. So as a result of these aspects determine the arbitration and litigation are very different from the.