Arbitration Law Of Turkey

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Arbitration Law of Turkey

Author : Ziya Akinci
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833866
Total Pages : 384 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Arbitration Law of Turkey by : Ziya Akinci

Download or read book Arbitration Law of Turkey written by Ziya Akinci and published by Juris Publishing, Inc.. This book was released on 2011-09-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Ali Yeşilirmak
Publisher :
ISBN 13 : 9789041149817
Total Pages : 0 pages
Book Rating : 4.1/5 (498 download)

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Book Synopsis Arbitration in Turkey by : Ali Yeşilirmak

Download or read book Arbitration in Turkey written by Ali Yeşilirmak and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Tankut Centel
Publisher : Springer Nature
ISBN 13 : 3030282155
Total Pages : 206 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Labour Dispute Resolution in Turkey by : Tankut Centel

Download or read book Labour Dispute Resolution in Turkey written by Tankut Centel and published by Springer Nature. This book was released on 2019-09-28 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Arbitration in Turkey

Author : Ziya Akinci
Publisher : Kluwer Law International
ISBN 13 : 9789041127778
Total Pages : pages
Book Rating : 4.1/5 (277 download)

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Book Synopsis International Arbitration in Turkey by : Ziya Akinci

Download or read book International Arbitration in Turkey written by Ziya Akinci and published by Kluwer Law International. This book was released on 2011-01-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration Law and Practice in China

Author : Jingzhou Tao
Publisher :
ISBN 13 : 9789041140463
Total Pages : 383 pages
Book Rating : 4.1/5 (44 download)

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Book Synopsis Arbitration Law and Practice in China by : Jingzhou Tao

Download or read book Arbitration Law and Practice in China written by Jingzhou Tao and published by . This book was released on 2012 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Private International Law in Turkey

Author : Gülören Tekinalp
Publisher :
ISBN 13 : 9789041141637
Total Pages : 0 pages
Book Rating : 4.1/5 (416 download)

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Book Synopsis Private International Law in Turkey by : Gülören Tekinalp

Download or read book Private International Law in Turkey written by Gülören Tekinalp and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Arbitration of Intra-corporate Disputes in Turkish Law

Author : Aysel Cetinkaya Uyar
Publisher :
ISBN 13 : 9783631785348
Total Pages : pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Arbitration of Intra-corporate Disputes in Turkish Law by : Aysel Cetinkaya Uyar

Download or read book Arbitration of Intra-corporate Disputes in Turkish Law written by Aysel Cetinkaya Uyar and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

Arbitration in Turkey

Author : Ergun Özsunay
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 (779 download)

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Book Synopsis Arbitration in Turkey by : Ergun Özsunay

Download or read book Arbitration in Turkey written by Ergun Özsunay and published by . This book was released on 2012 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Introduction to Turkish Business Law

Author : Tuğrul Ansay
Publisher :
ISBN 13 : 9789041152480
Total Pages : 0 pages
Book Rating : 4.1/5 (524 download)

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Book Synopsis Introduction to Turkish Business Law by : Tuğrul Ansay

Download or read book Introduction to Turkish Business Law written by Tuğrul Ansay and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Emmanuel Gaillard
Publisher : Juris Publishing, Inc.
ISBN 13 : 1929446608
Total Pages : 372 pages
Book Rating : 4.9/5 (294 download)

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Book Synopsis Anti-suit Injunctions in International Arbitration by : Emmanuel Gaillard

Download or read book Anti-suit Injunctions in International Arbitration written by Emmanuel Gaillard and published by Juris Publishing, Inc.. This book was released on 2005-03-01 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Commercial Arbitration

Author : A. J. van den Berg
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122192
Total Pages : 528 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Commercial Arbitration by : A. J. van den Berg

Download or read book International Commercial Arbitration written by A. J. van den Berg and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The New Turkish Law on Foreigners and International Protection

Author : Nuray Ekşi
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783848719129
Total Pages : 123 pages
Book Rating : 4.7/5 (191 download)

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Book Synopsis The New Turkish Law on Foreigners and International Protection by : Nuray Ekşi

Download or read book The New Turkish Law on Foreigners and International Protection written by Nuray Ekşi and published by Nomos Verlagsgesellschaft. This book was released on 2014 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: Turkey has been handling the ever increasing influx of migrants seeking to transit, to settle in Turkey or to escape from persecution in their home countries. Turkey's adoption of the new Law on Foreigners and International Protection, while dealing with the mass influx of Syrians since 2011 and other complex migration problems since 1990s, was a bold step. In this book, Prof. Dr. Nuray Eksi lays out the general framework and principles of Turkey's new Law on Foreigners and International Protection, a sweeping overhaul of Turkey's laws regarding foreign migrants meant to help Turkey meet the challenges of the 21st century. The basic principles of the new Law and the institutional structure established to implement the Law are compared to previous laws and systems it is replacing. Improvements and possible shortcomings are also discussed. Prof. Dr. Nuray Eksi is a fulltime lecturer at Yeditepe University Faculty of Law, Istanbul. Besides her numerous publications on nationality law and the law on foreigners, she has also published several books on International Trade Law, International Arbitration Law, Recognition and Enforcement of Foreign Judgments, and the EU Private International Law. Prof. Dr. Eksi works together with international and national institutions and organizations in the field of migration. She also took an active role in the drafting of the Turkish Law on Foreigners and International Protection.

UNCITRAL Conciliation Rules

Author : United Nations Commission on International Trade Law
Publisher : New York : United Nations
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis UNCITRAL Conciliation Rules by : United Nations Commission on International Trade Law

Download or read book UNCITRAL Conciliation Rules written by United Nations Commission on International Trade Law and published by New York : United Nations. This book was released on 1981 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration of Intra-corporate Disputes in Turkish Law

Author :
Publisher :
ISBN 13 :
Total Pages : 323 pages
Book Rating : 4.:/5 (15 download)

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Book Synopsis Arbitration of Intra-corporate Disputes in Turkish Law by :

Download or read book Arbitration of Intra-corporate Disputes in Turkish Law written by and published by . This book was released on 2017 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration of Corporate Law Disputes in Joint Stock Companies Under Turkish Law

Author : Cem Veziroglu
Publisher :
ISBN 13 :
Total Pages : 34 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Arbitration of Corporate Law Disputes in Joint Stock Companies Under Turkish Law by : Cem Veziroglu

Download or read book Arbitration of Corporate Law Disputes in Joint Stock Companies Under Turkish Law written by Cem Veziroglu and published by . This book was released on 2019 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study addresses the arbitrability of corporate law disputes and the validity of arbitration clauses stipulated in the articles of association (AoA) of joint stock companies, and compares Turkish law with German and Swiss jurisdictions in particular. While corporate law disputes are considered arbitrable, disputes concerning invalidity of corporate decisions and actions for dissolution are heavily debated. The paper argues that both types of disputes are arbitrable, albeit judicial dissolution requests accommodate practical hurdles. It is also argued that arbitral awards should be granted the erga omnes effect, as long as the interested third parties are provided with the necessary procedural protection. Furthermore, arbitration clauses can be validly stipulated in the AoA of privately held joint stock companies. However, the binding effect of the arbitration clause in question depends on its legal nature, namely, korporative or formell. Addressing this issue, the paper proposes to adopt a two-step test. Finally, it suggests practicable legislative recommendations and a model arbitration clause in order to enable and facilitate arbitration in corporate law disputes.

Introduction to Turkish Labour Law

Author : Tankut Centel
Publisher : Springer
ISBN 13 : 3319655728
Total Pages : 410 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Introduction to Turkish Labour Law by : Tankut Centel

Download or read book Introduction to Turkish Labour Law written by Tankut Centel and published by Springer. This book was released on 2017-09-12 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides essential information on the legal rights of employers and employees in Turkey, plus up-to-date sections on wages, working hours, employment contracts, discrimination laws, and unions. The work mainly consists of three parts: introduction, individual labour law, and collective labour law in Turkey. The extensive material and numerous court decisions presented in each chapter will introduce readers to the major current debates in labour law and encourage them to engage in critical and independent assessment. As such, the book offers an engaging and accessible overview of the development and status quo of labour law and industrial relations issues in Turkey.

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520019
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by : Zena Prodromou

Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.