仲裁条款作为合同双方当事人共同仲裁意思的体现,其契约性质显而易见。但究竟属于何种性质的契约,学界又有不同的认识,主要包括诉讼法上的契约说、实体法上的契约说和混合说三种理论。本文认为应将其界定为程序法上的契约说较为合理。 Arbitration Clauses As the embodiment of the common arbitration between the parties to the contract, the nature of the contract is obvious. However, what kind of contracts belong to the nature and the academic circles have different understandings mainly include the contractual lawsuit in contract law, the contractual contractual law in substantive law and the mixed theory. This paper argues that it should be defined as the contract of procedural law is more reasonable.