Legal effect of arbitration agreement

If one party fails to perform the arbitration award, the other party may apply to the people's court for compulsory execution, and the people's court applying for enforcement shall enforce it.

Legal analysis

1. Effect on the parties: Once the arbitration agreement is legally established, it will first have direct legal effect on the parties, so the parties lose the right to bring a lawsuit to the court for specific disputes, and accordingly undertake the obligation to submit the disputes to an arbitration institution in the scope and place determined according to the agreement for arbitration and obey the arbitration award, unless the parties reach another agreement to change the original arbitration agreement. 2. Effect on the arbitration institution: the arbitration right of the arbitration institution comes from the authorization of the parties, and the parties have signed an effective arbitration agreement, that is, the arbitration right of a specific dispute has been granted to a specific arbitration institution. 3. Effect on the court: The effect of the arbitration agreement on the court is an important manifestation of its legal effect. The arbitration agreement that comes into effect in the court excludes the jurisdiction of the court, that is, neither party may arbitrarily cancel the established Chinese agreement or bring a lawsuit to the court on the matters agreed in the arbitration agreement. The court shall respect the agreement of the parties and shall not accept disputes with arbitration agreements. 4. Give the arbitral award the force of enforcement: After the arbitration institution makes an award on the dispute, both parties shall perform the award. If one party fails to perform the award, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law, and the people's court shall confirm the enforcement according to law.

legal ground

Article 83 of People's Republic of China (PRC) Labor Law If a party to a labor dispute refuses to accept the arbitration award, he may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. If one party neither brings a lawsuit nor performs the arbitration award within the statutory time limit, the other party may apply to the people's court for compulsory execution.