The legal consequences of applying some forms of arbitration agreement

The article is devoted to external forms of expression of the arbitration agreement as a civil contract. Existing arbitration agreement are analyzed in terms of the issues that determine the legal consequences of its preparation, application and challenging mediating eventually deciding on arbitrability of the dispute. Proved the practicality of registration of the arbitration agreement in writing a single document signed by both parties. The basis of this study lay a whole set identified in the study of legal factors. Among them: the difficulties of the subjects of the States participating in the New York and the European Convention, with different requirements for the form of the arbitration agreement; the dual nature of the arbitration agreement, allowing the use of civil law as a normative framework for the requirements to its form, is recognized as the consequences of non-compliance with simple written form of foreign trade transactions of its invalidity; inability to qualify complex composition proceedings - the process of «exchange of statements of claim and reply to the claim in which one of the parties argues that there is an agreement, and the other is no objection», as simple written form of the agreement; constant relationship of international and domestic legislation fixing an arbitration agreement on scientific and technological progress and dynamic cross-border communication means; the absence of international legal recognition of the arbitration agreement concluded by electronic means.