当事人双方订有有效的仲裁条款,一方当事人向人民法院起诉,在首次开庭前,即使另一方当事人已经应诉答辩,起诉的一方当事人申请撤诉的,人民法院应当准许。撤诉的法律后果等同于未起诉,此时原仲裁条款仍合法有效,即使另一方当事人另行起诉,对方当事人仍可以提出管辖权异议,以排除法院管辖。 Both parties have a valid arbitration clause, and one party sues the people’s court. Before the first hearing, even if the other party has already filed a respondent defense, the prosecution party should apply for withdrawal and the people’s court should grant permission. The legal consequences of withdrawing a lawsuit are equivalent to not prosecuted. At this time, the original arbitration clause is still valid and legally valid. Even if the other party files another lawsuit, the other party may still object to the jurisdiction to exclude the jurisdiction of the court.