Europe: Litigation, Mediation & Arbitration

The competence-competence principle grants arbitral tribunals the authority to determine their own jurisdiction, including questions about the validity and scope of arbitration agreements. This article examines how Turkish law implements this fundamental arbitration doctrine through statutory provisions and judicial precedent, analyzing the balance between arbitral autonomy and judicial oversight in both domestic and international arbitration proceedings.

The correct determination of which branch of the judiciary has jurisdiction over a dispute is important not only for identifying the judicial authority that will examine the merits of the case, but also for the effective exercise of the right to seek redress, the protection of time limits for bringing proceedings, and the observance of procedural rights acquired by the parties. This is because the division of jurisdiction between the ordinary and administrative courts relates to public order and may be taken into account ex officio by the courts at every stage of the proceedings

As Polish court proceedings grow longer, businesses increasingly rely on arbitration clauses for faster dispute resolution. However, poorly drafted clauses can backfire, leading to extended timelines and higher costs. This analysis explores two critical drafting mistakes that can undermine arbitration effectiveness.