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National and International Arbitration Law

Arbitration is one of the alternative dispute resolution methods that the parties have chosen to resolve their dispute on a particular issue that may or may arise, by people called “arbitrators” instead of courts, which are the judicial bodies of the state. The parties may decide to resolve the dispute through arbitration by means of an arbitration agreement before or after the dispute arises, or by an arbitration clause to be put in the main contract. Since they agreed that the disputes would be solved by arbitration, if one of the parties filed a lawsuit in the state courts, the other party has the opportunity to make an objection.

In Turkish Law, arbitration is mainly regulated by the Code of Civil Procedure No. 6100 and the Code of International Arbitration No. 4686.  In article 407 of Code of Civil Procedure, it sets up 2 conditions for application of provisions of the Code for disputes:

  1. to be free of foreign elements
  2. the place of arbitration must be determined as Turkey.

Also, it is envisaged that disputes arising from real rights on immovable property and disputes arising from the issues that are not subject to the will of two parties are not suitable for arbitration. In the International Arbitration Code; It is stated that the International Arbitration Code can applied in 2 situations:

  1. the dispute includes a foreign element and place of arbitration determined as Turkey.
  2. the selection of the parties / arbitrators.

However, since the arbitration gives the parties the freedom to choose the code or rules to be applied in the arbitration, the language of the arbitration, the arbitrators, the number of arbitrators and the arbitration place, the parties have the opportunity to decide about these issues between them. At the same time, arbitration has many advantages in terms of many issues that are important in commercial life. Some of these advantages include resolving disputes quickly and confidentiality, and being able to choose experts as arbitrators and providing flexibility in the trial.

As Önal & Önal Law Office; We provide legal support to our clients on many issues such as preparation of arbitration agreements, pursuing of national and international arbitration cases, recognition and enforcement of international arbitration and foreign arbitral awards in Turkish courts.