Legitimate expediency, ways of fixing and consequence of the implied arbitration agreement

The article is devoted to the issues concerning a form of fixing the arbitration agreement, continually taking a place in the list of controversial questions of the domestic doctrine and remaining open for the Russian lawyers and heads of the enterprises regarding the legal consequences causing actions of the parties of the external economic relations in case of collision of their interests. The issues of form of the arbitration agreement are considered by the authors in a context of the analysis of necessary criteria which are considered by court and the parties that conclude such an agreement while estimating its validity. The sources which are a basis of the research represent the international legal documents, the national and foreign legislation regulating the activities of the international commercial arbitration, as well as the rules of some arbitration tribunals. The conclusion contains the debatable issues from the authors' opinion on the correctness of using the unreasonably extended formulation regarding the written form of an arbitration agreement.