Arbitration

Arbitration


Services Description
  • 0
  • 8 September 2021

Arbitration is a dispute resolution method that is resolved by arbitrators/arbitration committees determined by the parties themselves or an institution determined in the contract, instead of the judicial organs of the state, in disputes between natural persons or companies. Arbitration is at the forefront of alternative dispute resolution solutions such as mediation, conciliation and negotiation.

There are important benefits to resorting to arbitration. The first of these benefits is speedy judgment. With the entry into force of the courts of appeal, unfortunately, the proceedings take a long time. However, the trial by the arbitration takes a very short time and the decisions made by the arbitrator can be immediately enforced, just like the court decision. Another benefit of arbitration is that the resolution of disputes is given by a specialized arbitrator/arbitrator. Especially in the resolution of disputes, arbitrators are selected from respected scientists of universities.

Another benefit of arbitration is the flexible resolution of the dispute and the execution of the proceedings following the settlement made by the parties. Namely, in the resolution of the dispute, the parties negotiate the day of the hearing together, online meetings, and negotiations are held, thus saving time.

Another benefit of resorting to arbitration is that litigation costs much less than in state courts. While fees are one of the most important problems in the proceedings in state courts, there are much less costs in arbitration.

Arbitration is divided into two as internal arbitration and international arbitration. According to Turkish law, for the dispute to be resolved through arbitration, the subject of the dispute must be suitable for arbitration, and it is not possible to apply to arbitration in matters that the parties cannot freely dispose of (for example, divorce case, expropriation case).

Apart from this, the practice of arbitration is becoming increasingly important, especially in commercial cases, and our law firm provides separate attorneyship or consultancy services in matters such as attorneyship for parties in arbitration, party arbitration, preparation of domestic and foreign contracts subject to arbitration, writing arbitration clauses in contracts.

Our expert team in the field of arbitration also carries out academic studies and has articles in Turkey’s reputable law journals and the journals of the bar association.