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ARBITRATION IN TURKEY

Introduction arbitration As it is widely acknowledged, arbitration has many advantages including being faster than state litigation proceedings, allowing the dispute to be resolved by experts, and providing confidentiality to the parties. In this sense, arbitration is deemed to be a preferable alternative dispute resolution method in Turkey.  Where to find the regulations regarding arbitration in Turkish Law? Other than substantial rules to be applied in commercial disputes, Turkey has also enacted legislation applicable to the...

INCOTERMS

Av. Deniz Bahadır Introduction Incoterms are a series of pre-defined commercial terms that have been issued by the International Chamber of Commerce (ICC) relating to international commercial transactions[1] since 1930. Since then, the ICC tends to revise the rules within the first year of every decade. The Incoterms usually consist of 3 letters which are aimed to primarily clarify the risks, costs, and tasks regarding international transportation and the delivery of goods. The main objective of Incoterms is rather to define...

SPECIFIC PERFORMANCE IN INTERNATIONAL ARBITRATION

Att. Gökberk TEKİN   Introduction Arbitration is often perceived as a process by which the parties seek monetary damages.[1] However, the number and variety of the remedies available for the parties in international arbitration are very broad, indeed.[2] In this context, in addition to the monetary compensation, an arbitral award may (and often does) also include “punitive damages and other penalties, specific performance and restitution, injunctions, declaratory relief, rectification, filling gaps and adaptation of contracts”[3]...

Tahkim Anlaşmalarında Türkçe Kullanımı Zorunluluğu

Tahkim Anlaşmalarında Türkçe Kullanımı Zorunluluğu   10 Nisan 1926 tarih ve 805 sayılı İktisadi Müesseselerde Mecburi Türkçe Kullanılması Hakkında Kanun, Türk şirketlerinin kendi aralarındaki ve belirli durumlarda yabancı şirketlerle yaptıkları sözleşmelerde Türkçe kullanımını zorunlu tutmaktadır. Bu durum günümüzde giderek tercih edilme oranı yükselen tahkim anlaşmalarında Türkçe’nin bir geçerlilik şartına dönüşmesine sebep olmakta ve doktrinde tartışılmaktadır. İstanbul Bölge Adliye Mahkemesi’nin Şubat 2020’de verdiği...

Interim Measures in International Arbitration  

Interim Measures in International Arbitration UNCITRAL Arbitration Rules, following the recognition of arbitral tribunals’ competence to grant interim measures, and it can be deducted from its definition in Article 26 that an interim measure, just like its equivalent in the domestic litigation, can be ordered by an arbitral tribunal before the final decision on the case. Accordingly, such an order of interim measures can ask a party of the dispute to maintain the status quo or restore it until a final decision is given, take...

Virtual Hearings

ONLINE ARBITRATION HEARINGS Law, as well as all other disciplines, could not stay immune from adopting itself to the world-wide technological evolution and digital transformation. Global effects of the Covid-19 pandemic fostered this adaptation by moving legal processes into online platforms. Arbitration is one of these legal processes that is affected from the Covid-19 pandemic and adopted itself into technological developments. Below is an overview of arbitration hearings and how they are conducted online in today’s world....

international arbitration

International Arbitration in Turkey

INTERNATIONAL ARBITRATION AND TURKEY Introduction The use and popularity of international commercial arbitration in Turkey has been increasing since the 2000s due to the increase in the globalization of trade and cross-border disputes involving Turkish businesses. This development has been accompanied by significant changes in Turkish legislation that reflect pro-arbitration policies endorsed by Turkey. Today, many complex and cross-border disputes relating to key industries such as energy, telecommunications, IT, infrastructure,...

Arbitration and Turkish Law

Arbitration and Turkish Law

Arbitration and Turkish Law   Introduction Arbitration is a private dispute resolution mechanism by an independent and impartial arbitrator based on the parties’ consent and backed by an international system of enforcement supported by States. International arbitration has become the principal method of resolving disputes between states, individuals, and corporations in almost every aspect of international trade, commerce, and investment. With its widespread importance in the present world where commercial life demands a quick and...

ISTANBUL-ARBITRATION-CENTRE

İstanbul Arbitration Centre (ISTAC)

İstanbul Arbitration Centre (ISTAC) Recently Arbitration in Turkey became a very important legal tool during the resolution of national or international dispute resolutions. The Istanbul Arbitration Centre (ISTAC) set up on the 26th of October 2015 as a neutral independent, and impartial institution providing dispute resolution services for international and domestic clients. Especially with the cases where Turkish law information required ISTAC provides unique solutions such as Fast Track Arbitration in Turkey, Emergency Arbitrator,...

Arbitration Clauses in Turkish Law

Arbitration Clauses in Turkish Law

Arbitration Clauses in Turkish Law According to Turkish law, the arbitration clause has a very important role during the interpretation and/or implementation of any contract in Turkey. Considering the fact that arbitration is a very popular dispute resolution mechanism in Turkey the parties of any international or local contract should pay attention in terms of the drafting of an appropriate arbitration clause in their contracts in Turkey. Especially foreign parties of a contract should receive advice from a well-known arbitration...