Law firm introduction More》

Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...

Law firm personnel More》
Visiting address More》

Where can civil disputes be resolved through mediation? Can a lawsuit be filed in court?

Home page >> Ying Ting Information >> Legal information

Article author:Yingting Lawyers Group | Update time:2023-07-10 | Reading times:248

1. If both parties have an arbitration agreement, the arbitration committee shall resolve the matter;
2. File a lawsuit in court;
3. If the other party engages in extortion, you can report it to the economic reconnaissance team of the public security organ and request for handling. It is recommended to file a lawsuit in court because arbitration is the final instance of the first instance. The composition of the president committee is designated by the judicial department and both parties. This results in the judicial department usually appointing people who are not in the legal inspection system and most of them may not have participated in the judicial examination. Therefore, arbitration is generally not advocated. Although court prosecution will cost a lot of money and time, it can ensure fairness and provide relief.

If general civil disputes cannot be reached through negotiation, you can request the People's Mediation Committee to conduct people's mediation; for an arbitration agreement, you can file an arbitration with the arbitration committee or directly file a lawsuit with the court. The statute of limitations for suing a court to protect their legitimate rights and interests is three years.

The law firm is mainly engaged in administrative litigation of large and medium-sized enterprises, government-enterprise disputes and other difficult legal issues, including legal services involving investment projects, corporate relocation, land recovery, mineral resource suppression, maritime rights disputes, corporate restructuring and bankruptcy, etc. If you have any relevant questions, please call or leave a message, we will reply as soon as possible.

Legal basis: Article 188 of the Civil Code stipulates that the statute of limitations for filing a request for protection of civil rights from the People's Court is three years. If the law provides otherwise, such provisions shall apply. The statute of limitations shall be calculated from the date when the obligee knew or should have known that the rights were damaged and the obligor knew otherwise. If the law provides otherwise, such provisions shall prevail.

However, if it has been more than twenty years since the right was damaged, the people's court will not grant protection. If there are special circumstances, the people's court may decide to extend the time based on the application of the right holder.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.


Related tags: