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In Arbitration Agreements

The Constitutional Court of the Republic of Turkey rules that Turkish courts’ lack of jurisdiction is foreseeable in the presence of an arbitration agreement

by and 8 Mins Read

On 8 June 2021, the Constitutional Court of the Republic of Turkey (“Constitutional Court”) decided on an individual application concerning, inter alia, violation of ownership right and made a significant point on the effect of arbitration agreements to Turkish courts’ jurisdiction.[1] This decision shows that parties to an arbitration agreement will bear the consequences of resorting to Turkish courts despite the existence of an arbitration agreement. Factual Background The underlying dispute arose out of a…

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In Europe

Baker McKenzie International Arbitration Yearbook 2020-2021 – Turkey

by , and 17 Mins Read

TURKEY Yalin Akmenek, Demet Kasarcioglu, Ceyda Sıla Cetinkaya A. LEGISLATION AND RULES A.1 Legislation The International Arbitration Law of 2001 (IAL)[1] governs international arbitration[2] in Turkey, while the Code of Civil Procedure of 2011 (CCP)[3] deals with domestic arbitrations seated in Turkey. Both acts were inspired by UNCITRAL Model Law and contains fairly standard and arbitration-friendly provisions. In addition, the Law on International Private Law and Procedural Law of 2007 (IPPL)[4] includes the principles and…

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In Europe

Baker McKenzie International Arbitration Yearbook 2019-2020 – Turkey

by , , and 15 Mins Read

TURKEY Ismail G. Esin, Ali Selim Demirel, Yigitcan Bozoglu and Ceyda Sıla Cetinkaya A. LEGISLATION AND RULES A.1 Legislation The International Arbitration Law of 2001 (IAL)[1] governs international arbitration[2] in Turkey, while the Code of Civil Procedure of 2011 (CCP)[3] deals with domestic arbitrations seated in Turkey. Both acts were inspired by UNCITRAL Model Law and contain fairly standard and arbitration-friendly provisions. Further, the Law on International Private Law and Procedural Law of 2007 (IPPL)[4]…

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In Europe

Turkey: ISTAC Arbitration is Now an Alternative For Public Procurement Agreement Disputes

by and 1 Min Read

Recent development The Turkish Public Procurement Authority recently amended the standard contracts annexed to the Regulations on the Implementation of Public Procurements effective as of 19 January 2018. What do the amendments say? Instead of referring to Turkish courts, public administrations may choose arbitration for disputes arising out of the execution of a procurement agreement. The Istanbul Arbitration Centre (ISTAC) will conduct domestic arbitrations; for international arbitrations, public administrations can choose between ad hoc arbitration…

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