Arbitration Law of Turkey

Arbitration Law of Turkey PDF Author: Ziya Akinci
Publisher: Juris Publishing, Inc.
ISBN: 1933833866
Category : Law
Languages : en
Pages : 384

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Book Description
Arbitration Law of Turkey, a commentary on the status of international arbitration practice in Turkey, is a practical approach to doing arbitrations that involve Turkey. The only collective resource available in English on the topic, Arbitration Law of Turkey guides practitioners through the various checkpoints of such arbitrations. The recent Turkish International Arbitration Code is explained in depth along with almost all of the larger investment treaty arbitrations that have taken place involving Turkey. Along with this practical approach, the style of the book reflects the author’s academic standing and is envisaged to form the basis for academic study in the field as well as a practical resource for practitioners or parties who are faced with arbitrations in Turkey.

Arbitration Law of Turkey

Arbitration Law of Turkey PDF Author: Ziya Akinci
Publisher: Juris Publishing, Inc.
ISBN: 1933833866
Category : Law
Languages : en
Pages : 384

Get Book

Book Description
Arbitration Law of Turkey, a commentary on the status of international arbitration practice in Turkey, is a practical approach to doing arbitrations that involve Turkey. The only collective resource available in English on the topic, Arbitration Law of Turkey guides practitioners through the various checkpoints of such arbitrations. The recent Turkish International Arbitration Code is explained in depth along with almost all of the larger investment treaty arbitrations that have taken place involving Turkey. Along with this practical approach, the style of the book reflects the author’s academic standing and is envisaged to form the basis for academic study in the field as well as a practical resource for practitioners or parties who are faced with arbitrations in Turkey.

Arbitration in Turkey

Arbitration in Turkey PDF Author: Ali Yeşilirmak
Publisher:
ISBN: 9789041149817
Category : Arbitration and award
Languages : en
Pages : 0

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Book Description
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.

Labour Dispute Resolution in Turkey

Labour Dispute Resolution in Turkey PDF Author: Tankut Centel
Publisher: Springer Nature
ISBN: 3030282155
Category : Law
Languages : en
Pages : 206

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Book Description
The book provides a comprehensive overview of recent developments in Turkey’s labour dispute resolution system, and helps compare the Turkish system especially with those in European countries. Turkey passed a new Labour Courts Act in 2017, which changed Turkish labour law practice by introducing mandatory mediation for all labour disputes. The main objective behind this measure was to ensure that labour disputes are resolved more quickly and less expensively. The book was written specifically for lawyers around the globe who have to deal with Turkish law, especially those who are seeking to become specialists in dispute resolution law. In addition, it provides stimulating reading for laypersons who wish to learn what 'mediation and arbitration law are all about' in Turkey. Above all, it was prepared with a view to providing foreign investors and companies in Turkey with basic information on Turkish labour legislation.

Arbitration Law and Practice in China

Arbitration Law and Practice in China PDF Author: Jingzhou Tao
Publisher:
ISBN: 9789041140463
Category : Law
Languages : en
Pages : 383

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Book Description
The new rules of the China International Economic and Trade Arbitration Commission (CIETAC) that came into effect on 1 May 2012 are widely recognized as the full commitment of the Chinese government to the international arbitration system. Clarifications of the scope of the Arbitration Law to include contractual disputes, disputes over rights and interests in property, and disputes between legal persons and other organizations, as well as the firm establishment of the arbitration agreement as the sole and exclusive basis for founding the jurisdiction of an arbitral tribunal, greatly allay any residual apprehension on the part of foreign investors. This third edition of a book that has been widely relied upon since 2003 by business people and their counsel with interests in China is the first publication to offer comprehensive and authoritative coverage of the CIETAC Rules 2012. In addition to the matchless features for which earlier editions are so greatly valued - such as in-depth coverage of enforcement of foreign judgements in China and of Chinese judgements elsewhere, measures to overcome local protectionism, effects of China's most important bilateral investment treaties (BITs), and arbitration-related interpretations of the Supreme People's Court - the new edition highlights such aspects of the CIETAC Rules 2012 as the following: the new mechanism of consolidation of arbitrations; power to grant interim measures via the forms of procedural orders or interim awards; procedure of suspension of arbitration; conservator measures; interlocutory award and partial award; combining conciliation with arbitration; and expedited process under a new summary procedure. With first-hand expert guidance on the actual handling of arbitration cases, recommended arbitration agreement clauses for numerous contingencies, case studies and comparative cases to elucidate the handling of specific issues, abundant legal instruments for quick, direct reference to the relevant law, and an annex with English texts of the most important laws and regulations, this book offers all the details and insights a practitioner needs. While Arbitration Law and Practice in China is primarily a detailed, practical examination of Chinese arbitration practice and related laws, the Third Edition's special significance lies in its thorough and timely coverage of the CIETAC Rules 2012. For this reason especially it will be of great practical value to business people everywhere operating or seeking opportunities to partner with Chinese enterprises. It will also be useful to corporate counsel, arbitration institutions, and students of dispute resolution.

Arbitration of Intra-corporate Disputes in Turkish Law

Arbitration of Intra-corporate Disputes in Turkish Law PDF Author: Aysel Cetinkaya Uyar
Publisher:
ISBN: 9783631785348
Category : Arbitration agreements, Commercial
Languages : en
Pages :

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Book Description
"Arbitration of disputes arising from internal corporate affairs is an issue that has received an increasing significant attention in comparative law. The current lack of foreign language sources addressing Turkish arbitral practice led this dissertation to focus on the Turkish legal system. The arbitrability of corporate disputes remains a vague issue in Turkish law. Until a consensus exists between the legislative, doctrinal, and adjudicatory dimensions of the law, arbitrating those disputes may have risky sides. The book serves as a guide for corporate practitioners. It includes a detailed analysis of possible risks and pitfalls for parties submitting their disputes to arbitration. This risk analysis precedes a set of proposals to alleviate these inconveniences and grounds to support arbitrability claims"--

Private International Law in Turkey

Private International Law in Turkey PDF Author: Gülören Tekinalp
Publisher:
ISBN: 9789041141637
Category : Conflict of laws
Languages : en
Pages : 0

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Turkey. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Turkey. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

UNCITRAL Conciliation Rules

UNCITRAL Conciliation Rules PDF Author: United Nations Commission on International Trade Law
Publisher: New York : United Nations
ISBN:
Category : Law
Languages : en
Pages : 24

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Book Description


International Commercial Arbitration

International Commercial Arbitration PDF Author: A. J. van den Berg
Publisher: Kluwer Law International B.V.
ISBN: 9041122192
Category : Law
Languages : en
Pages : 528

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Book Description
The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties

Introduction to Turkish Business Law

Introduction to Turkish Business Law PDF Author: Tuğrul Ansay
Publisher:
ISBN: 9789041152480
Category : Commercial law
Languages : en
Pages : 0

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Book Description
In recent years Turkey's commercial connections with the rest of the world have grown dramatically. The relative inaccessibility of Turkish business law to lawyers, business persons, and students from other countries prompted the first edition of this book in 2001. This fully updated new edition reflects important changes - notably in the areas of foreign direct investment and conflict of laws rules - and adds additional chapters on banking law, commercial arbitration law, and intellectual property law. English-speaking legal practitioners and academics have here an ideal introduction to the basic institutions, principles, and rules of Turkish business law, so that users can become familiar with business law and legal processes in Turkey and pursue further research on specific Turkish legal matters. Sixteen chapters, each written by a Turkish expert in his or her field of specialty, focus on particular aspects of business, with Turkish equivalents of English terminology and chapter bibliographies. This concise, practical, and up-to-date guide is sure to provide practitioners, business persons, academics and other interested parties with a speedy and reliable opening to whatever aspect of Turkish business law they need to learn about. It is also of great value as a comparative source, in broader terms, on Turkish legal practice in the field.

Anti-suit Injunctions in International Arbitration

Anti-suit Injunctions in International Arbitration PDF Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1929446608
Category : Law
Languages : en
Pages : 372

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Book Description
IAI Series No. 2 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comité Français de ľ Arbitrage (CFA), was created to promote exchanges in international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the Book: Anti-suit injunctions are a device, originally found in common law countries, whereby a court - which retains its jurisdiction or anticipates to do so and which seeks to protect that jurisdiction or, more generally, the jurisdiction of the forum it deems to be the most appropriate - orders a party to refrain from bringing a claim before the courts of another State or before an arbitral tribunal or, if the party has already brought such a claim, orders that party to withdraw from, or the arbitrators to suspend, the proceedings. In the past few years, the use of anti-suit injunctions in the context of international arbitration has been spreading at a disturbing pace. The courts of many common law countries but also those of civil law tradition frequently resort to this device at a party's request, in order to disrupt the arbitration process or resist the enforcement of the award. How best to resolve those conflicts arising as a result of national courts' differing perspectives on the validity and scope of certain arbitration agreements? Are anti-suit injunctions in conformity with the requirements of public international law? When the courts of certain States enjoin a party to refrain from proceeding with an arbitration, should other courts enjoin them not to enjoin, or should they, like the U.S. Court of Appeal for the 5th Circuit in the Pertamina case, exercise a commandable "self-restriction"? These are just a few of the issues addressed in Anti-Suit Injunctions in International Arbitration.