{"id":23927,"date":"2022-02-01T14:19:52","date_gmt":"2022-02-01T11:19:52","guid":{"rendered":"https:\/\/www.bicakhukuk.com\/?p=23927"},"modified":"2022-02-06T15:40:39","modified_gmt":"2022-02-06T12:40:39","slug":"international-and-domestic-arbitration-in-turkey","status":"publish","type":"post","link":"https:\/\/www.bicakhukuk.com\/en\/international-and-domestic-arbitration-in-turkey\/","title":{"rendered":"International and Domestic Arbitration in Turkey"},"content":{"rendered":"

Arbitration in Turkey are governed by the Turkish International Arbitration Act and the Eleventh book of the Turkish Code of Civil Procedure.<\/span><\/p>\n

Arbitration is an alternative dispute resolution mechanism based on the parties\u2019 agreement to submit their dispute to a neutral third party, the arbitral tribunal, which renders a final and binding decision, the award. It is \u2018alternative\u2019 to going through the state court system.<\/span><\/p>\n

One of the key features of arbitration is that it is based on the autonomy of the parties, who will usually decide to use arbitration by including an arbitration clause in the contract that has formed their relationship. However, it is also possible for the parties to agree to arbitrate a dispute once it has already arisen by making an arbitration agreement. \u00a0<\/span><\/p>\n

Arbitral tribunal<\/strong><\/span><\/h3>\n

The dispute will be decided by the arbitral tribunal, which is another way to call the arbitrator or arbitrators who have been designated by the parties to hear the dispute. The arbitral tribunal is not a permanent entity like a court, but it comes into existence once the parties initiate the dispute.<\/span><\/p>\n

Normally, each party nominates one arbitrator and the third one (the Chair or President) will be appointed either by the co-arbitrators, or by an arbitral institution or another appointing authority. \u00a0<\/span><\/p>\n

Place of the arbitration<\/strong><\/span><\/h3>\n

As for the place of the arbitration, parties are generally free to choose it for themselves (this is for international arbitration). In fact, it is one important element to write in the arbitration clause, since the place of the arbitration is more than a geographical information, it defines the law that will govern many essential aspects of the arbitration (lex arbitri).\u00a0<\/span><\/p>\n

Types of arbitration<\/strong><\/span><\/h3>\n

According to the parties involved:<\/span><\/p>\n