HUK465

School of Law \ Law

3

4

Elective

English

-

Law Bachelor

In this course, arbitration, which is the most commonly used dispute resolution method in the settlement of international commercial disputes, is examined. In this framework, arbitration agreement, arbitrators, arbitration procedure, applicable law, arbitral award and recognition and enforcement of foreign arbitral awards are discussed.

1. Gary B. Born, International Arbitration: Law and Practice, Wolters Kluwer, 3rd ed., 2021.
2. Nigel Blackaby, Constantine Partasides and Alan Redfern, Redfern and Hunter on International Arbitration, OUP, 7th ed., 2023.
3. Jacob Grierson and Annet van Hooft, Arbitrating under the 2012 ICC Rules, Kluwer Law International, 2012.
4. Julian D.M. Lew, Loukas A. Mistelis and Stefan Kröll: Comparative International Commercial Arbitration, Kluwer Law International, 2003.
5. Emmanuel Gaillard and John Savage (eds.), Fouchard, Gaillard, Goldman on International Commercial Arbitration, Kluwer Law International, 1999.
6. Margaret L. Moses, The Principles and Practice of International Commercial Arbitration, Cambridge, B. 3, 2017.

International commercial arbitration is recognised as a preferred method of resolving international disputes because it provides the neutrality and flexibility that commercial parties seek. This course aims to provide an understanding of the basic issues related to international commercial arbitration and the ability to use arbitration as a dispute resolution method.

1. Defines the concept of arbitration and explains its types.
2. Has a command of the general principles and history of arbitration.
3. Has the ability to use international regulations on arbitration.
4. Has a command of the development of arbitration in Turkey and the International Arbitration Law.
5. Defines the concept of arbitration agreement and can make a valid arbitration agreement.
6. Distinguish which issues can be referred to arbitration.
7. Carry out all procedural processes of arbitration proceedings.
8. Have a good command of the remedies against arbitral awards and use these remedies when necessary.
9. Has knowledge of the procedure for the recognition and enforcement of arbitral awards and applies it when necessary.

Week 1: Arbitration Concept and Its Historical Development
Week 2: International Framework of Arbitration
Week 3: Types of Arbitration and Components of International Commercial Arbitration
Week 4: The Concept and Independence of Arbitration Agreement
Week 5: Arbitrability and Drafting of Arbitration Agreements
Week 6: Selection, Impartiality and Independence of Arbitrators
Week 7: Challenge and Replacement of Arbitrators
Week 8: Interim and Conservatory Measures
Week 9: Applicable Law in Arbitration
Week 10: Arbitral Award and Its Effects
Week 11: Remedies Against the Award
Week 12: Recognition and Enforcement of Arbitral Awards

• Midterm % 40
• Final % 60