Arbitration

Arbitration is a method of dispute resolution in which the parties submit their dispute to arbitrators of their choice rather than to the state courts. The possibility of appointing arbitrators suited to the technical nature of the dispute, the confidentiality of the proceedings and the enforceability of awards in the many countries party to the New York Convention make arbitration a common choice, particularly in international commercial relationships.

In Turkey, the International Arbitration Law No. 4686 applies to disputes with a foreign element seated in Turkey, while domestic arbitration is governed by the arbitration provisions of the Code of Civil Procedure No. 6100. Recognition and enforcement of foreign arbitral awards in Turkey are carried out under the Law on International Private and Procedural Law No. 5718 and the New York Convention.

The smooth running of an arbitration depends to a large extent on a clear and valid arbitration clause. During the proceedings, the appointment of arbitrators, requests for interim relief, document production, witness and expert evidence and the management of costs are key stages. Once an award is rendered, set-aside proceedings and enforcement come into play.

Our firm represents clients in institutional arbitrations under the rules of the ICC, LCIA, SIAC, DIAC and ISTAC, as well as in ad hoc proceedings, and advises from the drafting of arbitration agreements to the enforcement of awards.