National and International Arbitration Law

Arbitration is one of the alternative dispute resolution methods that the parties choose to resolve the dispute that has arisen or may arise between them on a certain issue by people called “arbitrators” instead of the courts, which are the judicial bodies of the state. The parties may decide to resolve the dispute through arbitration by signing an arbitration agreement before or after the dispute arises, or by including an arbitration clause in the articles of association. Since the courts’ authority to resolve the dispute is abolished by the arbitration clause included in the agreement or contract, even if one of the parties files a lawsuit in state courts contrary to the agreement, the other party has the opportunity to make its first objection to arbitration.

In Turkish law, arbitration is mainly regulated in the Civil Procedure Law No. 6100 and the International Arbitration Law No. 4686. In Article 407 of the Civil Code, it is stated that the provisions of the Civil Code can be applied to disputes that do not contain a foreign element and where the place of arbitration is determined as Türkiye. It is stipulated that disputes arising from real rights over immovable property or works that are not subject to the will of the two parties are not eligible for arbitration. In the International Arbitration Law; It has been stated that the International Arbitration Law may be applied in disputes that have a foreign element and the place of arbitration is determined as Türkiye or as a result of the election of the parties/arbitrators.

However, since arbitration offers the parties the freedom to choose the law or rules to be applied in the arbitration, the language of arbitration, the arbitrators, the number of arbitrators and the place of arbitration, the parties have the opportunity to decide these issues among themselves. At the same time, arbitration has many advantages in terms of many issues that are important in commercial life. Some of these advantages include resolving disputes quickly and confidentially, selecting experts in their fields as arbitrators, and providing flexibility in litigation.

As Önal&Önal Law Firm; We provide legal support to our clients on many issues such as preparation of arbitration agreements, conduct of national and international arbitration cases, recognition and enforcement of international arbitration and foreign arbitral awards in Turkish courts.