Comparative Guides
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Results: 4 Answers
International Arbitration
2.
Arbitrability and restrictions on arbitration
2.1
How is it determined whether a dispute is arbitrable in your jurisdiction?
 
Turkey
As per art.1/4 of TCIA, “the Code shall not be applicable to the disputes relating to in rem rights of immoveable properties located in Turkey or the disputes that are not subject to the disposal of the parties” Therefore, the disputes which are not concerning the in rem rights of immovables or the disputes subject to the parties’ disposal are arbitrable.

Since the commercial law issues are subject to the parties’ disposal, it is possible to agree on arbitration for potential disputes. However, disputes arising from family law, criminal law, administrative law and bankruptcy cannot be settled by arbitration. The Turkish Supreme Code also limits the scope of the arbitration for employment and consumer claims.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
 
Turkey
Seat of arbitration may be chosen freely by the parties.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law