Arbitration in Turkey

Author: Ali Yesilirmak; Ismail Esin
Publisher: Kluwer Law International
ISBN: 9789041149817
Published In: December 2014
Format: Hardback , 384 pages
Jurisdiction: Turkey ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book provides a comprehensive analysis of the law and practice of international arbitration and other alternative dispute resolution mechanisms in Turkey. It has been prepared with the contributions of twenty experienced Turkish practitioners and academics, all of whom are experienced experts in the field. Among the factors discussed that manifest the emergence of world-class arbitration in Turkey are the following:
- the legal infrastructure regarding arbitration in Turkey;
- the regulatory framework governing foreign direct investment in Turkey;
- differences between Turkey’s Code of Civil Procedure (CCP) and International Arbitration Law (IAL);
- Turkey’s Mediation Law;
- Turkey’s reservations in relation to the New York Convention;
- compliance with the ICSID Convention and the Energy Charter Treaty;
- investor rights and protections under Turkey’s bilateral investment treaties;
- the role of Turkey’s main arbitral institutions;
- real rights concerning immovable property;
- principles governing judicial intervention;
- selection of domestic legal systems as being applicable to the arbitration procedure;
- selection of arbitration rules of arbitral institutions;
- language of arbitration;
- evidence in international arbitration;
- arbitration costs;
- setting aside claims and applicable procedure;
- the merger and acquisition transition process; and
- Internet domain name arbitration.
In addition, there is the great promise of Turkey’s investment agreements with the 57 States Parties to the Organisation of the Islamic Conference to be considered. For this and many other reasons, this book will be of inestimable value to institutional and private investors worldwide.
List of Editors and Contributors.

Foreword.

Preface.

List of Abbreviations.

CHAPTER 1 Legal Framework Ali Yesilırmak.

CHAPTER 2 ADR Mechanisms: Negotiation, Mediation and Expert Determination Ali Yesilırmak.

CHAPTER 3 Drafting Arbitration Agreements and Arbitrability Eda Cerrahoglu Balssen & Efe Kınıkoglu.

CHAPTER 4 Appointment of and Challenge to Arbitrators Murat Karkın .

CHAPTER 5 Arbitration Procedure Musa Aygül & Dog an Gültutan .

CHAPTER 6 Courts’ Support and Supervision Prior to the Rendering of the Award Bilgehan Yesilova.

CHAPTER 7 Challenges to Arbitral Awards Bilgin Tiryakioglu & Aslı Bayata Canyas.

CHAPTER 8 Recognition and Enforcement of Foreign Arbitral Awards Cemal Sanlı & Emre Esen.

CHAPTER 9 Investment Treaty Arbitration Involving Turkey and Turkish Parties Stephan Wilske & Sarah Kimberly Hughes.

CHAPTER 10 Arbitrating M&A Disputes Ismail G. Esin, Özgün Çelebi, Sevgin Erker & Demet Kasarcıoglu.

CHAPTER 11 Arbitrating Intellectual Property Disputes Mehmet Gün, Hande Hançer & Basak Gürbüz.

APPENDIX I International Arbitration Law, Law No. 4686.

APPENDIX II Turkish Private International Law, Law No. 5718.

Bibliography.

Index.

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