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。 From the Chinese theoretical circles’ cognition of the arbitration agreement and its form, the international analysis on the arbitration agreement and its form, as well as the review on the arbitration agreement and its form in China’s Arbitration Law, it is concluded that the arbitration agreement The definition should include the main body of the agreement, timeliness, contractual and non-contractuality, the particularity of the legal relationship, all or part of the five elements of the dispute, and the arbitration agreement has seven different forms.