Graduate Education Institute · Private Law · Master
ECTS: 7.5 T+P+L: 3+0+0 Departmental Elective
Coordinator: Dr. Öğr. Üyesi Burak DOĞAN
Course Objective
The purpose of this course is to study commercial arbitration, which is embodied within the framework of Civil Procedure Law and International Arbitration Law in Turkey, by taking international agreements into consideration, and presenting its interaction with the national law.
Course Content
Arbitration, International Arbitration, arbitration as a way of dispute resolution, New York Convention, Geneva Convention, ICSID Convention
Required Resources
International Arbitration, Ziya Akıncı, Vedat Kitapçılık
Recommended Resources
Arbitrability in International Commercial Arbitration, Burak Huysal
Course Learning Outcomes
- Students who successfully complete this course will be able to comprehend arbitration as a way of alternative dispute resolution and be able to carry out arbitration process in terms of commercial disputes.
- Be able to examine arbitration within the framework of the New York Convention, the Geneva Convention, ICSID Convention and exhibit the interaction between International Arbitration and national law order.
- Resolve disputes that may arise as a result of arbitration process in accordance with national and international legislation
Core Area Distribution
(38) Law%100
ECTS / Workload
| Activity | Quantity | Duration (h) | Total Workload |
|---|---|---|---|
| Course Duration (Including Exam Week) | 0 | 0 | 0 |
| Out of Class Study Period | 0 | 0 | 0 |
| Midterm | 0 | 0 | 0 |
| Quiz | 0 | 0 | 0 |
| Assignment | 0 | 0 | 0 |
| Practice | 0 | 0 | 0 |
| Final | 0 | 0 | 0 |
Course Schedule
| Week | Subject | Preparation |
|---|---|---|
| 1 | Different types of arbitration, the concept and history of arbitration | The related topics shall be read from the obligatory sources prior to attending each session |
| 2 | Domestic arbitration, international arbitration | The related topics shall be read from the obligatory sources prior to attending each session |
| 3 | Arbitration agreement, validity of the arbitration agreement, arbitrability | The related topics shall be read from the obligatory sources prior to attending each session |
| 4 | Application of the procedural code in the domestic arbitration | The related topics shall be read from the obligatory sources prior to attending each session |
| 5 | Legal rules governing international arbitration and the Turkish International Arbitration Law no 4686 | The related topics shall be read from the obligatory sources prior to attending each session |
| 6 | Other legislative texts applicable to arbitration, institutional arbitration, ad hoc arbitration | The related topics shall be read from the obligatory sources prior to attending each session |
| 7 | Arbitrator, constitution of the arbitral tribunal | The related topics shall be read from the obligatory sources prior to attending each session |
| 8 | Ara Sınav | Ara Sınav |
| 9 | Determination of law applicable to the procedure | The related topics shall be read from the obligatory sources prior to attending each session |
| 10 | Determination of law applicable to the merits of the dispute | The related topics shall be read from the obligatory sources prior to attending each session |
| 11 | Arbitral awards and remedies against arbitral awards | The related topics shall be read from the obligatory sources prior to attending each session |
| 12 | Enforcement of foreign arbitral awards | The related topics shall be read from the obligatory sources prior to attending each session |
| 13 | Concerns and issues about arbitration in Turkey | The related topics shall be read from the obligatory sources prior to attending each session |
| 14 | Contemporary problems in international arbitration | The related topics shall be read from the obligatory sources prior to attending each session |
| 15 | Revision with case studies. | The related topics shall be read from the obligatory sources prior to attending each session |
| 16 | Final Sınavı | Final Sınavı |