仲裁协议及其形式探析

从中国理论界对仲裁协议及其形式的认知、国际上对仲裁协议及其形式的定性以及中国《仲裁法》立法关于仲裁协议及其形式规定的检讨方面进行分析,分析认为:仲裁协议的界定应当包括协议主体、时间性、契约性与非契约性、法律关系的特定性、争议的全部或局部5个要素,仲裁协议有7种不同形式。

Discussion on arbitration agreement and its forms

In China,there is no clear and detailed regulation for arbitration agreement and its forms in the arbitration law.Although there are some interpretations for its implications and forms from some reseachers,it is far from complete,and the law-making practice in the international commercial arbitration also show its attitudes.This paper studies the understandings from China's theoretical circle in the arbitration agreement and its forms,and the recognition from the international researchers of them on basis of making the law of arbitration.The author comes to the conclusion that there should be a law to standardize the arbitration agreement and its forms.