Labor dispute is arbitral: It is to show labor dispute is arbitral the committee application according to party, be in to labor dispute lawfully make the system of judgement, a kind of law that gives a ruling on right obligation in fact.
Arbitral adjudication is to point to arbitral front courtyard to adjudicate on to what the item of place controversy makes between party. According to legal provision, arbitral adjudication produces legal effectiveness since the day that make. Arbitration of any nonperformance of one party party adjudicate on, party of other one party can apply for to be carried out compulsively to people court, suffer the people court of application to ought to be carried out.
The arbitration shows average civil issue is arbitral, and labor dispute arbitration does not suit " arbitral law " .
According to the regulation of arbitral law, two kinds of dispute cannot arbitrate:
1, marriage, foster, custody, bring up, successive dispute cannot arbitrate, although this kind of dispute attributes civil dispute, different also level involves dispute of property rights and interests, but this kind of dispute often involves him party cannot the identity of free punish concerns, need court enters a judgement or make a decision by the government organization, do not belong to arbitral orgnaization administer limits.
2, administrative controversy cannot adjudicate on. Administrative controversy, also call administration dispute, administrative dispute is to point to national executive authority between, or national executive authority and enterprise or business unit, between social organization and citizen, the controversy that arouses as a result of administration. Foreign law stipulates this kind of dispute ought to be reconsidered through administration lawfully or administrative lawsuit is solved.
" arbitral law " return a regulation: Labor dispute and the in-house agriculture that agricultural collective economy organizes contract the arbitration of contract dispute, set separately by the country, settle this kind of dispute that is to say not applicable and arbitral law. Because,this is, labor dispute, the agriculture with in-house organization of agricultural collective economy contracts although contract dispute can arbitrate, but it is different from average civil economy issue, because this can make a provision additionally only,give adjust.
