五、什么是或裁或审制度? 或裁或审制度是仲裁法基本制度之一,是指当事人选择解决争议途径时,在仲裁与审判中只能二者取其一的制度。当事人选择了以仲裁途径解决争议,就不可以再选择诉讼;当事人若选择了诉讼就不可以同时选择仲裁。由于仲裁实行或裁或审制度,当事人双方达成仲裁协议后,一方当事人不信守协议向法院起诉,另一方当事人在实质性答辩之前,可以向法院提出管辖权异议,只要仲裁协议合法有效,法院就会裁定驳回起诉,该争议仍应由仲裁 V. What is the system of arbitration or adjudication? The system of arbitration or adjudication is one of the basic systems of the arbitration law and refers to a system whereby one of the parties can only choose one of the two in arbitration and trial when choosing to resolve the dispute. If the parties choose to settle the dispute through arbitration, they can not choose another litigation. If the litigants choose the litigation, they can not choose arbitration at the same time. Due to arbitration or arbitration system, the two parties reached an arbitration agreement, one party did not comply with the agreement to the court, the other party before the substantive defense can be submitted to the court jurisdiction objection, as long as the arbitration agreement is valid, the court Will dismiss the prosecution, the dispute should still be arbitrated