On the Legitimacy of Applying directly to the People’s Court for Realizing Security Interest Cases by Agreement Arbitration

DOI

10.2991/icedem-18.2018.73How to use a DOI?

Keywords

Security interest; Arbitration agreement; Realizing security interest cases; Application; legitimacy

Abstract

Litigation and arbitration are important ways to resolve civil disputes. Under normal circumstances, a valid arbitration agreement may exclude the supervisor of the case from the People’ Court. The procedure of realizing security interest cases belongs to non-litigation procedure, which has many characteristics different from litigation procedure. The arbitration clause shall not exclude the supervisor of the People’s Court in realizing security interest cases, and the security interest holder may apply directly to the People’s Court for realizing security interest. This is because the feature that there is no substantive dispute in the realization of the security interest case determines that it does not apply the relevant provisions of the ordinary procedure on prosecution and admissibility. The security interest and the independence of its realization determine that it can apply directly to the court to realize the security interest. The separate provisions of jurisdictional court for the realization of security interest cases makes it impossible to settle in accordance with the arbitration agreement, and the arbitration jurisdiction dispute can directly apply to the court to realize the security interest, which does not prejudice the arbitration rights agreed by the parties.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Linqi Li
AU  - Na Zhang
PY  - 2018/12
DA  - 2018/12
TI  - On the Legitimacy of Applying directly to the People’s Court for Realizing Security Interest Cases by Agreement Arbitration
BT  - Proceedings of the 2018 2nd International Conference on Economic Development and Education Management (ICEDEM 2018)
PB  - Atlantis Press
SP  - 290
EP  - 293
SN  - 2352-5398
UR  - https://doi.org/10.2991/icedem-18.2018.73
DO  - 10.2991/icedem-18.2018.73
ID  - Li2018/12
ER  -