Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
International Arbitration
5.
The parties
5.1
Are there any restrictions on who can be a party to an arbitration agreement?
 
Turkey
There is no restriction in TCIA regarding the parties of the arbitration agreement. However, Turkish Supreme Court decides that consumer claims may not be arbitrable since the weak position of the party. Therefore, it is possible to say that consumers cannot be a party of an arbitration agreement.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
5.2
Are the parties under any duties in relation to the arbitration?
 
Turkey
Although there is not an explicit provision in TCIA, the arbitration procedure deems confidential in practice and parties under the obligation of confidentiality.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
5.3
Are there any provisions of law which deal with multi-party disputes?
 
Turkey
There is no provision dealing with multi-party disputes in TCIA. However, it is possible to agree on arbitration with multi-parties by following the core principles of the TCIA. In this case, the requirements for the arbitration agreement must be met by parties(explicit will of the parties, form requirement-please see the answer 10) and all parties has to be equally treated during the arbitration proceedings.

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