International Arbitration Law
ziya@akincilaw.com
Content
Objective
The course objective is to provide a detailed information on the Turkish International Arbitration Law system and to analyze international treaties related to international arbitration such as New York Convention and ICSID Convention.
Course Content
1- International Arbitration in General
2- Legal Documents regarding International Arbitration in Turkish Law
3- Turkish International Arbitration Law
4- New York Convention
5- ICSID Convention
6- International Arbitration Institutions Rules
7- State-Party Arbitrations
8- Jurisdictional Objections in International Arbitration
9- Constitution of the Arbitral Tribunal
10- Rules of Evidence in International Arbitration
11- Fair Trial in International Arbitration
12- Arbitral Award
13- Arbitration in Mergers & Acquisitions Disputes
14- Arbitrability in Commercial Law
Course Learning Outcomes
Students who have successfully completed this course is capable of understanding Turkish International Arbitration Law system as well as International Arbitration Act and also obtain a knowledge on Institutional Arbitration and the arbitration procedure.
References
1- Ziya AKINCI, International Arbitration in Turkey
2-Ziya AKINCI, Milletlerarası Tahkim, İstanbul 2007
3-Aysel ÇELİKEL / Bahadır ERDEM: Milletlerarası Özel Hukuk, İstanbul, 2010
4- Gülören TEKİNALP: Milletlerarası Özel Hukuk, İstanbul, 2009.
5-Ergin NOMER / Günseli ÖZTEKİN GELGEL / Nuray EKŞİ: Milletlerarası Tahkim Hukuku, İstanbul, 2008.
6- Ergin NOMER / Günseli ÖZTEKİN GELGEL / Nuray EKŞİ: Milletlerarası Tahkime İlişkin Mevzuat ve Anlaşmalar, İstanbul, 2008.
7-Ata SAKMAR / Nuray EKŞİ / İlhan YILMAZ: Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun ve Mahkeme Kararları, İstanbul, 2001
Weekly Contents
| Week | Weekly Contents |
|---|---|
| 1 | International Arbitration in General |
| 2 | Legal Documents regarding International Arbitration in Turkish Law |
| 3 | Turkish International Arbitration Law |
| 4 | New York Convention |
| 5 | ICSID Convention |
| 6 | International Arbitration Institutions Rules |
| 7 | State-Party Arbitrations |
| 8 | Jurisdictional Objections in International Arbitration |
| 9 | Constitution of the Arbitral Tribunal |
| 10 | Rules of Evidence in International Arbitration |
| 11 | Fair Trial in International Arbitration |
| 12 | Arbitral Award |
| 13 | Arbitration in Mergers & Acquisitions Disputes |
| 14 | Arbitrability in Commercial Law |
| Week | Weekly Contents |
|---|---|
| 1 | International Arbitration in General |
| 2 | Legal Documents regarding International Arbitration in Turkish Law |
| 3 | Turkish International Arbitration Law |
| 4 | New York Convention |
| 5 | ICSID Convention |
| 6 | International Arbitration Institutions Rules |
| 7 | State-Party Arbitrations |
| 8 | Jurisdictional Objections in International Arbitration |
| 9 | Constitution of the Arbitral Tribunal |
| 10 | Rules of Evidence in International Arbitration |
| 11 | Fair Trial in International Arbitration |
| 12 | Arbitral Award |
| 13 | Arbitration in Mergers & Acquisitions Disputes |
| 14 | Arbitrability in Commercial Law |
Assessment System
| Activities | Number | Contribution |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 40 |
| Contribution of final exam to overall grade | 1 | 60 |
| Total | 2 | 100 |
| Activities | Number | Contribution |
|---|---|---|
| Assignments | 1 | 40 |
| Presentation | 0 | 0 |
| Midterm Examinations (including preparation) | 0 | 0 |
| Project | 0 | 0 |
| Laboratory | 0 | 0 |
| Other Applications | 0 | 0 |
| Quiz | 0 | 0 |
| Term Paper/ Project | 0 | 0 |
| Portfolio Study | 0 | 0 |
| Reports | 0 | 0 |
| Learning Diary | 0 | 0 |
| Thesis/ Project | 0 | 0 |
| Seminar | 0 | 0 |
| Other | 0 | 0 |
| Total | 1 | 40 |
Relation of Proficiency
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 1 | Recognizing positive norms in private law and being able to define and explain the principals of methodology, | X | ||||
| 2 | Being able to determine, identify and restate legal problems, | X | ||||
| 3 | Being able to use legal interpretation principals in an efficient manner in order to analyze and resolve a legal problem and in order to develop a strategy, | X | ||||
| 4 | Being able to conduct academic researches on legal problems and to propose solutions, | X | ||||
| 5 | Assuming responsibility individually or collectively for resolving complicated legal problems, | X | ||||
| 6 | Being able to criticise positive norms of the law system, | X | ||||
| 7 | Being able to explain technical legal knowledge in private law in Turkish, French and English verbally or in writing, being able to report personal opinion concerning a legal problem verbally or in writing in a persuasive manner, | X | ||||
| 8 | Being able to follow up the local and international legal literature, to update technical legal knowledge permanently, to use information technology in an efficient manner in order to achieve these goals, | X | ||||
| 9 | Being able to conduct comparative academic researches between different law systems, | X | ||||
| 10 | Being able to explain and utilize academic study methodologies in order to conduct academic research on a certain legal problem. | X | ||||
ECTS
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 3 | 42 |
| Working Hours out of Class | 14 | 5 | 70 |
| Assignments | 8 | 10 | 80 |
| Final Examinations (including preparation) | 1 | 10 | 10 |
| Total Workload | 202 | ||
| Total Workload / 25 | 8.08 | ||
| Credits ECTS | 8 | ||