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Arbitration in Turkey

Edited by: Ali Yesilirmak, Ismail G. Esin

ISBN13: 9789041149817
Published: December 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £211.00



Despatched in 9 to 11 days.

This book provides a comprehensive analysis of the law and practice of international arbitration and other alternative dispute resolution mechanisms in Turkey.

It has been prepared with the contributions of twenty experienced Turkish practitioners and academics, all of whom are experienced experts in the field. Among the factors discussed that manifest the emergence of world-class arbitration in Turkey are the following:-

  • the legal infrastructure regarding arbitration in Turkey;
  • the regulatory framework governing foreign direct investment in Turkey;
  • differences between Turkey’s Code of Civil Procedure (CCP) and International Arbitration Law (IAL);
  • Turkey’s Mediation Law;
  • Turkey’s reservations in relation to the New York Convention;
  • compliance with the ICSID Convention and the Energy Charter Treaty;
  • investor rights and protections under Turkey’s bilateral investment treaties;
  • the role of Turkey’s main arbitral institutions;
  • real rights concerning immovable property;
  • principles governing judicial intervention;
  • selection of domestic legal systems as being applicable to the arbitration procedure;
  • selection of arbitration rules of arbitral institutions;
  • language of arbitration;
  • evidence in international arbitration;
  • arbitration costs;
  • setting aside claims and applicable procedure;
  • the merger and acquisition transition process; and
  • Internet domain name arbitration.
In addition, there is the great promise of Turkey’s investment agreements with the 57 States Parties to the Organisation of the Islamic Conference to be considered. For this and many other reasons, this book will be of inestimable value to institutional and private investors worldwide.

Subjects:
Other Jurisdictions , Asia, Arbitration and Alternative Dispute Resolution, Turkey
Contents:
List of Editors and Contributors.
Foreword.
Preface.
List of Abbreviations.

CHAPTER 1 Legal Framework Ali Yesilırmak.
CHAPTER 2 ADR Mechanisms: Negotiation, Mediation and Expert Determination Ali Yesilırmak.
CHAPTER 3 Drafting Arbitration Agreements and Arbitrability Eda Cerrahoglu Balssen & Efe Kınıkoglu.
CHAPTER 4 Appointment of and Challenge to Arbitrators Murat Karkın.
CHAPTER 5 Arbitration Procedure Musa Aygül & Dog an Gültutan.
CHAPTER 6 Courts’ Support and Supervision Prior to the Rendering of the Award Bilgehan Yesilova.
CHAPTER 7 Challenges to Arbitral Awards Bilgin Tiryakioglu & Aslı Bayata Canyas.
CHAPTER 8 Recognition and Enforcement of Foreign Arbitral Awards Cemal S¸anlı & Emre Esen.
CHAPTER 9 Investment Treaty Arbitration Involving Turkey and Turkish Parties Stephan Wilske & Sarah Kimberly Hughes.
CHAPTER 10 Arbitrating M&A Disputes Ismail G. Esin, Özgün Çelebi, Sevgin Erker & Demet Kasarcıoglu.
CHAPTER 11 Arbitrating Intellectual Property Disputes Mehmet Gün, Hande Hançer & Basak Gürbüz.

APPENDIX I International Arbitration Law, Law No.
4686.
APPENDIX II Turkish Private International Law, Law No.
5718.

Bibliography.
Index.

Series: Arbitration in...

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Arbitration in Switzerland: The Practitioner's Guide 2nd ed ISBN 9789041192370
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Arbitration in Romania: A Practitioner's Guide ISBN 9789041166982
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Arbitration in China: A Practitioner's Gude ISBN 9789041148407
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Arbitration in China: A Practitioner's Gude (eBook) ISBN 9789041168276
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Arbitration in Germany: The Model Law in Practice 2nd ed ISBN 9789041158604
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Arbitration in Switzerland: A Practitioner's Handbook ISBN 9789041133779
Published October 2013
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Arbitration in Africa: A Practitioner's Guide ISBN 9789041135209
Published June 2013
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£192.00