Pravni fakultet, Sarajevo (PFSA)
  • Alternative dispute resolution mechanisms in Turkish private international law
    Tan Dehmen, Mine
    This article aims to provide a general summary on Turkish law on arbitration and other alternative dispute resolution mechanisms by emphasizing the resolution of disputes involving foreign elements. ... First the legal instruments, on which the international arbitration in Turkey is based, will be handled. Some of the basic features of Turkish International Arbitration Law and the procedure of the recognition and enforcement of foreign arbitral awards will be overviewed. Procedural and substantial issues that may arise during arbitration or enforcement procedures such as the questions as to arbitrability, the validity of arbitration agreements and the impact of public policy will be dealt with, by exemplifying decisions rendered by Turkish courts in setting aside procedures and in enforcement of foreign arbitral awards procedures. Secondly, the other ADR mechanisms available in Turkish law will be examined. In this respect, the mandatory requirement to apply to %consumer arbitration panels% for disputes below certain monetary limits will be handled. Furthermore, disputes which are capable of settlement by voluntary mediation and disputes for which mandatory mediation is required will be dealt with. Application to mediation prior to court litigation is regulated as a mandatory condition for certain cases regarding labour or commercial disputes. So, the applicability of mandatory mediation to claims involving foreign elements will be questioned. Moreover, the impact of mediation procedures carried out in a foreign country and the question of whether such mediation fulfils the mandatory condition will be discussed. Besides, the ADR mechanisms and the applicability of mandatory mediation in family law disputes will be evaluated. And finally, a general overview will be made on the status of institutional arbitration in Turkey.
    Izvor: Godišnjak Pravnog fakulteta u Sarajevu = Yearbook of the Faculty of Law in Sarajevo. - ISSN 0581-7471 (God. 62, 2019, str. 551-572)
    Vrsta građe - članak, sastavni dio
    Godina - 2019
    Jezik - engleski
    COBISS.BH-ID - 512906955

    Link(-ovi):

    http://www.pfsa.unsa.ba/pf/wp-content/uploads/2020/01/Godisnjak-PFSA-2019-za-web1.pdf

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