State Intervention in ADR: the Turkish Example

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Ener M. A., Ergüden T.

Sustainable Diversity in International Arbitration, Nagoya, Japan, 20 November 2021, pp.8-9, (Summary Text)

  • Publication Type: Conference Paper / Summary Text
  • City: Nagoya
  • Country: Japan
  • Page Numbers: pp.8-9
  • Ankara Haci Bayram Veli University Affiliated: Yes

Abstract

The way for international arbitration in Turkey has been paved with the following amendment made in the first paragraph of Article 125 of the Constitution, with the Law No. 4446 dated 13.08.1999; in concession terms and contracts related to public services, it may be envisaged that disputes arising from these will be resolved through national or international arbitration. International arbitration can only be applied for disputes with foreign elements. After this amendment, arrangements regarding arbitration in Turkey gained momentum. However, at this point,

a dual distinction emerges. On the one hand, there are Istanbul Tahkim Merkezi (Istanbul Arbitration Center) established by the state by law, and arbitration centers established on the expectations and needs of the private sector. In this sense, the issues and opportunities within the scope of diversity will be discussed through the example of Turkey.