Comparative Guides
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Results: 4 Answers
International Arbitration
6.
Applicable law issues
6.1
How is the law of the arbitration agreement determined in your jurisdiction?
 
Turkey
As per art. 4/3 of the TCIA, it is possible that parties may choose the law applied to the arbitration agreement. In the absence of such agreement, the arbitration agreement shall be subject to the Turkish law.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
6.2
Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?
 
Turkey
As per art. 12/C of TCIA, the tribunal shall settle the dispute in accordance with the provisions of the agreement and the law chosen by the parties. The commercial customs and practices of the applicable law are considered in the interpretation of the agreement between the parties if the law is unclear.

In the absence of the agreement regarding the substantive law applicable to the dispute, the law of the most connected country will be applicable to the dispute.

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