Arbitration and Dispute Resolution

Arbitration is an alternative dispute resolution method that allows parties to resolve their disputes before an independent and impartial arbitration board that they have determined instead of state courts. Arbitration, which is used as an alternative to litigation in resolving legal disputes, has an important place especially in commercial relations. In the Turkish legal system, the Code of Civil Procedure No. 6100 and the International Arbitration Law No. 4686 constitute the basic legal framework regulating arbitration practices.

Arbitration provides a quick and less costly solution, and also ensures confidentiality between the parties. Disputes decided in arbitration are binding and have the same validity as court decisions. This process allows the parties to resolve their disputes within a certain time frame and rules, thus reducing the workload of the courts. It also allows parties from different legal systems to find common ground in disputes related to international trade.

Key Issues in Arbitration and Dispute Resolution:

1. Arbitration Agreement: – It is a written agreement in which the parties express their will to choose arbitration in case of a dispute. The content and validity of the arbitration agreement are the determining elements of the process.
2. Arbitration Proceedings: – Arbitration is a trial process conducted by the appointed arbitrator or arbitrators. In this process, the parties present their arguments, the documents are evaluated and the final decision is made.
3. International Arbitration: – International arbitration procedures are used to resolve disputes between parties in different countries. This process is usually administered by recognized institutions such as the ICC (International Chamber of Commerce) or the LCIA (London Court of International Arbitration).
4. Enforcement of Arbitration Decisions: – The decision given at the end of the arbitration process has the same legal validity as a court decision. Enforcement of the decision may require different procedures at national and international levels.
5. Confidentiality in Arbitration: – Arbitration allows parties to resolve their disputes in a closed environment instead of the courts. Therefore, confidentiality plays an important role in arbitration proceedings.
6. Relationship between Arbitration and Court Decisions: – Although arbitration is an alternative method of litigation, in some cases, it may be necessary to resort to a court decision. In particular, objections to arbitration decisions and inter-court reviews are included in this relationship.

As Aykut Law Firm, we offer the following services within the scope of Arbitration and Dispute Resolution:

• Arbitration Agreement Preparation: Preparation of appropriate arbitration agreements for disputes between the parties and protection of the parties’ legal rights.
• Arbitration Proceedings: Initiating arbitration proceedings on behalf of the parties, selecting the arbitration panel and guiding clients throughout the process.
• International Arbitration: Consultancy on the selection of arbitration method in commercial contracts made with foreign parties, international arbitration rules and enforcement methods.
• Enforcement of Arbitration Decisions: Initiating the necessary legal procedures for the enforcement of decisions taken as a result of arbitration at local and international levels.
• Dispute Resolution Strategies: Providing the most appropriate solution between the parties through alternative dispute resolution methods (mediation, negotiation).

As Aykut Law Firm, we provide our clients with professional legal services in the fields of arbitration and dispute resolution. We develop the most appropriate strategies for the parties to resolve disputes quickly and effectively, and ensure that their legal rights are protected.