ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION

In arbitration, the dispute is decided by arbitrators chosen by the parties, usually experienced in the field. The process is confidential, the parties can set the procedure and language, and the award is easier to enforce abroad. On the other hand, costs may be higher because of arbitrators’ fees.

The clause must be in writing and express a clear intention that disputes will be resolved by arbitration. Specifying the institution, the seat, the language and the number of arbitrators prevents later disputes about the clause’s validity.

Arbitral awards are not reviewed on the merits by way of appeal; an action to set aside can be brought only on the limited grounds listed in the law. In domestic arbitration this action is brought before the regional court of appeal, and in international arbitration before the civil or commercial court of first instance, within short time limits.

Yes. Under the New York Convention, to which Türkiye is a party, foreign arbitral awards become enforceable through recognition and enforcement proceedings before the Turkish courts.

No. Disputes concerning rights in rem over real estate and matters not at the parties’ free disposal are not arbitrable. Divorce, custody and criminal cases are the main examples.

It includes non-judicial methods such as mediation, negotiation, conciliation and expert determination. Commercial contracts often contain multi-tier clauses providing for negotiation first, then mediation and finally arbitration.