Arbıtratıon
​
Arbitration is one of the alternative dispute resolution methods. If the dispute between the parties is capable of settlement by arbitration, the dispute shall be settled by the arbitral tribunal on the basis of an arbitration agreement. The judgements made by the arbitral tribunal are binding and enforceable like state courts. The process is held in a similar manner to state courts; an expert examination is carried out, witnesses are heard and parties are provided with an oral statement.
Pursuant to the 1958 dated "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards", this award can be easily enforced in many foreign countries. Turkey is also a party to this convention. Opportunities such as ease of enforcement, quick trial, expert arbitrators conducting the process and limited reasons for setting aside make arbitration more preferable. Besides, arbitration is an important dispute resolution method that is increasing day by day. It is the most preferred method especially in disputes involving foreign elements. Since the enforcement of the court decisions is subject to stricter rules compared to the arbitral awards. This situation, even if a favorable decision has been taken from the court, prevents the right to be acquired due to the fact that this decision cannot be enforced in a foreign country.
​
As a rule, an arbitration agreement must exist in order to resolve the dispute between the parties by arbitration. The arbitration agreement can be made as a separate agreement or as an article of the current agreement. Arranging the arbitration agreement well and if an institutional arbitration is preferred, considering the draft arbitration clause of this institution will eliminate the possibility of invalidity. Otherwise, the arbitration agreement will be invalid and the settlement of the dispute will become complicated.
​
The arbitral awards are not examined on the merits of the case. As accepted in almost all legal systems and Turkish law, only annulment can be filed against arbitral awards. Reasons for annulment are included in the "The Code on Civil Procedure" and "International Arbitration Code" in Turkish law. It is not possible to set aside the arbitral awards based on a reason other than stated in the relevant codes.
Alparslan Attorneys At Law provides legal support to the clients in both domestic and international arbitration processes. Attorneys at Alparslan are both party as advocates and arbitrators in ad hoc arbitration processes and institutional arbitrations such as ICC and ISTAC. In addition, they ensure the recognition / enforcement of the awards given in the arbitration proceedings both in domestic and foreign laws and, if deemed necessary, carry out the annulment proceedings against these awards. Processes are always carried out with experts.
​