默示仲裁协议作为仲裁协议的扩张解释,其具体涵义和效力在不同的国家各有不同的规制。由于我国对此并无明文规定,但仲裁实践却不乏对该制度的适用,因此,对默示仲裁协议的深入探讨刻不容缓,其不仅关乎仲裁协议的有效性与否,而且关系到仲裁程序能否合法有序进行等诸多事项。本文在此对其基本涵义作简要分析,并就默示仲裁协议下的仲裁程序进行区分,进而提出所涉及的相关问题,以期对我国仲裁体制的不断完善、仲裁实践的日益进步有所借鉴。 Implied arbitration agreement as an arbitration agreement to expand the interpretation of its specific meaning and effectiveness in different countries have different regulations. Since China does not expressly provide for this, there is no lack of application of the arbitration practice in this system. Therefore, it is imperative to conduct an in-depth discussion of the implied arbitration agreement, which not only concerns the validity of the arbitration agreement but also the feasibility of the arbitration procedure Legally and orderly and many other matters. This article briefly analyzes its basic meaning, and makes a distinction between the arbitration procedures under the implied arbitration agreement, and then puts forward the relevant issues involved in order to draw lessons from the continuous improvement of China’s arbitration system and the progress of arbitration practice.