Erdal Nuhbasa – Law and Consulting Firm – Legal Services

ERDAL NUHBASA 

LAW AND CONSULTING FIRM

Menu
Menu
arbitration

          Arbitration is the quickest way to handle any dispute between the parties. Jurisdiction takes time and at the end you are not sure whether you will be happy with the result or not. It is good to be represented by a Turkish Lawyer who knows arbitration and help you with the all process. Arbitration has some rules that you must follow. In another country that you will have an agreement you never will be sure that whether your arbitration agreement will be valid or not. That is why you must have a Turkish Arbitration Lawyer with you (or represent you) during the all process. 

        Arbitration is only possible in the cases that parties can decide with their free will. So, for example: In Criminal cases, Civil registration cases or child custody cases, arbitration will not be possible for the parties. Applying the arbitration does not meant giving up on filing a lawsuit. When you think about the time, energy and money that you saved by choosing arbitration. It is the cheapest and quickest way to find the solution about a dispute. In addition to this, in some cases arbitration has been made compulsory as a condition of litigation. Employee and employer receivables and compensations, Commercial lawsuits, litigations related to consumer disputes are the most common of these cases. 

What is arbitration?

       Arbitration is a dispute resolution method in which the disputes between the parties are resolved by the arbitrators determined by them. So instead of the official judicial bodies arbitrators decide about the result. 

      Is the Resolution Confidential?

           Sometimes when you want to have some conclusions you must also renounce some of the request or give more privilege to other party. Of course this is the nature of the arbitration. Both of the parties will have some advantages and also disadvantages.  

         When you make a deal in which you give up some of your rights you may want anyone not to know any details about it. Maybe it can risk your company’s career or your relation with the people.  

          So it is important to state that the Arbitration Law in Turkey does not frankly provide for confidentiality. In case you want a strict confidentiality it would be great to have in your arbitration agreement. This is one big reason why you should be presented by a Turkish International Lawyer for the arbitration.

 

  What are the Rules of Arbitration?

      There are two “sine qua non” (undispensable conditions) of the arbitration:

  1.    In order to apply for arbitration, there must be an “arbitration agreement” between the parties or an “arbitration clause” must be included as a condition in another existing contract.
  2.    The dispute must be of the types of cases in which the parties can freely dispose.

          Also during the process and before the arbitration there will be some rules that you must follow such as:

  •    During the arbitration each party must be given a full opportunity to assert their claims and defenses. 
  •    The Arbitration Law of Turkey does not allow a party to appeal any decision of arbitrage on the merits of the dispute.

  Arbitrability of Disputes in Turkey

        Is everything can be arbitrated? The short answer is “No!”. There are numerus clauses arbitration which means that there are only limited type of disputes which can be arbitrated. For example: Disputes dealing with rights in rem in real property located in Turkey cannot be subject to arbitration. 

  •   Bankruptcy proceedings;
  •  Disputes arising from agreements relating to intellectual property rights
  •  Disputes arising from concession agreements related to administrative services
  •   Disputes about employment law;
  •   Disputes related to criminal law (not all types of them);
  •   Disputes related to foundations and associations;
  •   Disputes about property leasing contracts.
 

   These are the information about arbitration of course it can not be all the details as it will be not a page but a book. We aim to provide the highest quality legal services for arbitration. For further information contact us.

Click here to contact with us!