Since the International Arbitration Law entered into force in 2001, it has been one of the common procedures in Turkey. Arbitration can be described as the agreement of parties to resolve disputes through arbitration rather than in court. This article explains important aspects of Turkish arbitration law and the advantages it offers.
What are Arbitrable Disputes in Turkey?
Commercial disputes (sales, distribution, supply), intellectual property issues (patents, trademarks), and construction or insurance disputes are examples of arbitrable matters in Turkey.
Benefits of Turkish Arbitration Law
- Faster and more efficient than litigation
- Confidentiality of proceedings
- Choice of industry-specific arbitrators
- Flexibility in procedure and language
Arbitration Agreement
An arbitration agreement must be in writing and agreed upon before or after a dispute. Legal guidance is highly recommended to ensure enforceability. For assistance, consult our experienced arbitration lawyers.
Pre-Dispute Arbitration Agreement
This type of agreement is signed before any conflict occurs, stating that future issues will be handled through arbitration.
Post-Dispute Arbitration Agreement
Parties sign this after a conflict arises, agreeing to use arbitration instead of litigation.
International Arbitration Law in Turkey
Law No. 4686 governs international arbitration and applies when at least one party or element is foreign. It provides the legal framework for arbitration conducted in Turkey or related to Turkish entities.
Arbitration Objections in Turkey
Objections may relate to jurisdiction (if the matter is not arbitrable or lacks a valid agreement) or procedural fairness (violations of due process). These are critical parts of any arbitration process.
Impact on Local and International Business
Arbitration offers business-friendly solutions for both Turkish and international parties. To avoid delays and mistakes, it's best to draft solid arbitration clauses with professional legal support.
