Why parties should specify the governing law of their arbitration agreement

The arbitration agreement within a contract is a contract in its own right, collateral to the main contract. The law governing the arbitration agreement covers substantive matters relating to the agreement to arbitrate, for example, the interpretation, scope and validity of the agreement to arbitrate.

The Authority of Arbitrators Regarding Execution Proceedings

Under Turkish law, if a creditor files a claim before an execution office when their receivable is not based on a court judgment or a pledge, the execution office will send a payment order to the debtor. If the debtor files an objection with the execution office, the creditor will be compelled to file legal action against the debtor in order to vacate the objection, with the view of proceeding with the execution proceedings once the objection is vacated.

Non-Exclusive Arbitration Agreements

As the validity of an arbitration agreement is a complex and multifaceted topic that requires an extensive and thorough analysis, we focus on what makes an arbitration agreement non-exclusive and the validity of such agreements according to the Turkish case-law.

Landmark Decision

The Court of Appeal (“Court”) handed down a landmark decision in a claim requesting the court to set-aside an arbitral award.

Bitcoin and Public Policy in International Arbitration Enforcement

Cryptocurrencies are a rapidly spreading form of transaction in the global financial system and regulators have recognized..

New Precedent re Bankruptcy Claims

For the last few decades, the Court of Appeal’s (“CoA”) approach to arbitration clauses vis-à-vis bankruptcy cases has been..

International Arbitration Guide

We are pleased to have authored The Legal 500: International Arbitration Country Comparative Guide – Turkey.

Swiss Federal Supreme Court’s Decision regarding a Set-Aside Claim

In its decision 4A_332 / 2020 of April 1, 2021, the Swiss Federal Supreme Court dealt with a set-aside motion in respect of the replacement of an arbitrator who was alleged to be biased.

The entry into force of the ICC 2021 Rules

As of 1 January 2021, the new rules of the International Chamber of Commerce (“ICC”) have entered into force regarding the conduct of arbitration and case management for the arbitral proceedings submitted to the ICC rules.