Arbitration Law
Arbitration is the resolution of disputes by arbitrators or an arbitral tribunal chosen by the parties instead of the state courts. As Ertan Law & Consultancy, in Bursa we provide representation services in the drafting of contracts containing an arbitration clause and in the arbitration proceedings.
Which Law Applies?
In domestic disputes, Articles 407 and following of Law No. 6100 (Code of Civil Procedure), and in disputes involving an international element, Law No. 4686 (International Arbitration Law) may apply. Which regime applies depends on the elements of the contract. In institutional arbitration, the rules of centers such as the Istanbul Arbitration Centre (ISTAC) and the ICC are additionally taken into account.
Our Areas of Practice
Arbitration agreements: Drafting and review of the validity and scope of an arbitration clause or a separate arbitration agreement in writing. Poorly drafted arbitration clauses (pathological clauses) may block the proceedings before they even begin.
Selection of arbitrators: The number and qualifications of the arbitrators, impartiality and independence, and challenge of arbitrators.
Arbitration proceedings: Submissions, presentation of evidence, experts, hearings, and the final award.
Setting aside of the arbitral award: An action for setting aside may be brought on the grounds listed in the law. Under the CCP, the period for this action is short and begins to run from the notification of the award.
Recognition and enforcement: Recognition and enforcement of foreign arbitral awards in Turkey. The 1958 New York Convention is the fundamental instrument in this field.
Interim measures and provisional attachment: Provisional legal protection before the courts prior to and during arbitration.
Difference from Insurance Arbitration
The Insurance Arbitration Commission is a special dispute-resolution body established by insurance legislation. The arbitration on this page is commercial arbitration based on the will of the parties. For insurance disputes, you may refer to our Insurance Law page.
Mediation and Arbitration
Depending on the nature of the dispute, mediation may be a remedy to be attempted before arbitration. The mandatory-mediation rules for commercial cases (TCC Article 5/A) apply only where the matter goes before the courts.