The theory of civil societies and political states is a new aspect on studying the arbitration. The civil society requests for the arbitration. Private interests, contracts, autonomy and efficiency, and the features of the arbitration lay the foundations for the arbitration. The contradictory development of civil societies and political states determines the degree of the arbitration autonomy and establishes the extent of the public powers that interfere in the arbitration. This theory will benefit for establishing and ensuring the independence of the arbitration. Furthermore, it will give some solutions to the problems of the court supervision to the arbitration, the duties of arbitrators and the status of the arbitration institutions.