Answer ... Under Turkish law, an arbitration agreement is valid if:

• the (potential) dispute is determined or determinable;
• the parties’ intention to enter into an arbitration agreement is clear and explicit beyond doubt;
• the (potential) dispute is qualified as arbitrable pursuant to Article 408 of the Turkish Civil Procedure Code (TCPC) and Article 1/4 of the Turkish International Arbitration Code (TIAC); and
• the arbitration agreement is executed in written form. An arbitration agreement is deemed to be in writing if:
• • the arbitration agreement is included in an undersigned contract or in appendices to that contract which form part of the contract;
  • the arbitration agreement is stated in a letter, fax, email or other written communication; or
  • the existence of an arbitration agreement is claimed by the plaintiff in its memorial and the responding party does not object to this claim in its counter-memorial.

Answer ... Yes, both the TCPC and the TIAC include provisions on the separability of arbitration agreements.

Article 4/1 of the TIAC and Article 412/2 of the TCPC state that an arbitration agreement may be executed in the form of an arbitration clause in a contract or in the form of a separate agreement. Article 4/4 of the TIAC and Article 412/4 of the TCPC further provide that no objection may be made against the arbitration agreement on the grounds that the underlying contract is invalid.

Answer ... Pursuant to Article 425 of the TCPC and Article 9 of the TIAC, the arbitral tribunal shall determine the seat of arbitration if there is no agreement between the parties.

According to Article 10/C, the arbitral tribunal also shall determine the language of the arbitration if there is no agreement between the parties in this regard. In determining the seat and language of the arbitration, the arbitral tribunal shall consider the parties’ intention and the specific characteristics of the dispute.