HUK424

School of Law \ Law

3

3

Elective

Turkish

-

This course focuses on the arbitration proceedings, which are characterized as judicial activities other than the state judiciary and which are predominantly applied in terms of commercial relations with an international element, and the transnational effect of the decisions rendered as a result of these proceedings.

Turgut Kalpsüz, Türkiye'de Milletlerarası Tahkim, 201; Ziya Akıncı, Milletlerarası Tahkim, 2*21; Nuray Ekşi, Hukuk Muhakaemeleri Kanun'Nda Tahkim, 2019; Ekin Hacıbekaroğlu, Milletlerarası Tahkim Hukukunda Deliller ve Delillerin Değerlendirilmesi, 2012; Ali Yeşilırmak, ICC Tahkim Kuralları ve Uyugulaması, 2018; Necip İlker Karaoğlan, Milletlerarası Tahkim, Yargıtay Kararları 2020; İlyas Gölcüklü, Milletlerarası Tahkimde Dava Açma Yasakları, 2018; Müjgan Tunç Yücel, HMK Uyarınca İhtiyati Tedbir ve Delil Tespiti, 2013; Cemre Tüysüz, Milletlerarası Ticari Tahkim Açısından İcra ve İflas Hukukundaki Davalar 2017; Burak Huysal, Milletlerarası Ticari Tahkimde Tahkime Elverişlilik, 2010; İbrahim Doğan Tekavut, Milletlerarası Ticari T>ahkimde Doğrudan Uygulanan Kurallar, 2018...

To determine the importance of arbitration proceedings as one of the dispute resolution methods in international commercial life; to provide a detailed knowledge of the stages of arbitration proceedings, the procedure, the supervision of the awards and the conditions of extraterritorial enforceability of foreign arbitral awards, especially Turkish law.

1. Has a good command of the information on arbitration proceedings, which is another judicial activity that provides the resolution of commercial disputes with an international element other than the state judiciary.
2. Has a detailed knowledge of international organizations and associations such as UNCITAL, ICC, institutional arbitration institutions, the rules they have prepared and the place of these rules in the formation of Turkish legal rules.
3. Has knowledge of the Turkish arbitration rules applicable to commercial disputes with a foreign element.
4. In the case of a commercial dispute with a foreign element, he/she distinguishes between the conduct of the arbitration proceedings under the provisions of the ICC, ISTAC and ISTAC and the consequences of the conduct of the arbitration proceedings under a foreign legal authority and determines the conditions for the arbitral awards to take effect in Turkey within this distinction.
5. He/she is familiar with the provisions of the New York Convention regulating the recognition and enforcement of foreign arbitral awards in Turkey and the current problems it creates.

Week 1: The concept of arbitration proceedings, the foreign nature of commercial relations, some principles of arbitration proceedings, frequently used arbitration centers and rules such as LCIA, SIAC, ICC ISTAC and general information about UNCITRAL and its Model Law
2. Procedural procedures for the commencement of arbitration proceedings under the provisions of the International Arbitration Law (IAA)
Week 3: Formation of the arbitral tribunal, selection of the arbitrators and preparation of the mandate
Week 4: Determination of the rules of procedural law applied by the arbitrators in the proceedings under the IAA
Week 5: Determination of the rules of procedural law applied by the arbitrators in the proceedings under the IAA
Week 6: Determination of the competent law to be applied by the arbitrators to the merits of the legal dispute in accordance with the provisions of the IAA,
Week 7: Determination of the conditions for the intervention of the courts in arbitration proceedings,
Week 8: Correction, completion and enforceability of final arbitral awards,
Week 9: Conditions for annulment of final arbitral awards, actions for annulment,
Week 10: Conditions for annulment of final arbitral awards, actions for annulment,
Week 11: Determination of the conditions for the recognition and enforcement of foreign arbitral awards in accordance with the provisions of the New York Convention and the provisions of the Turkish Civil Procedural Law (PILA).
Week 12: Determination of the conditions for the recognition and enforcement of foreign arbitral awards in accordance with the provisions of the New York Convention and the provisions of the Turkish Civil Procedural Law (PILA).

• Midterm 40 %
• Final 60 %