International Arbitration(HUK470)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| HUK470 | International Arbitration | 8 | 2 | 0 | 0 | 2 | 2 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Elective |
| Course Level | Bachelor Degree |
| Course Instructor(s) | Ziya AKINCI ziya@akincilaw.com (Email) Mehmet Ali TANRIKULU matanrikulu@gsu.edu.tr (Email) |
| Assistant | |
| Objective | The course's 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. |
| Content | The basics of international commercial arbitration and the observance of Turkish law on international arbitration with special reference to the international agreements to which Turkey is party. |
| 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 other arbitration issues such as arbitration agreement, arbitration proceeding, annulment of the arbitration award, recognition and enforcement of foreign arbitral awards, ADR, settlement of investment disputes by arbitration and ICSID Arbitration. |
| Teaching and Learning Methods | The course is composed of lectures which discuss theoretical aspects and cases. |
| References |
1. Ziya AKINCI: Milletlerarası Tahkim, İstanbul, 2016. 2. Ergin NOMER / Günseli ÖZTEKİN GELGEL / Nuray EKŞİ: Milletlerarası Tahkim Hukuku, İstanbul, 2016. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | International Arbitration in General |
| 2 | Resources regarding International Arbitration in Turkish Law |
| 3 | International Treaties related to International Arbitration |
| 4 | Turkish International Arbitration Law |
| 5 | Arbitrability |
| 6 | Seat of arbitration |
| 7 | Validity of the arbitration agreement |
| 8 | Law applicable to the procedure and merits of the arbitration |
| 9 | Constitution of the arbitral tribunal |
| 10 | The principle of competence-competence |
| 11 | Provisional measures |
| 12 | Annulment of arbitral awards |
| 13 | New York Convention |
| 14 | Enforcement of arbitral awards |
Practice Topics
| Week | Weekly Contents |
|---|
Contribution to Overall Grade
| Number | Contribution | |
|---|---|---|
| Contribution of in-term studies to overall grade | 50 | 0 |
| Contribution of final exam to overall grade | 50 | 0 |
| Toplam | 100 | 0 |
In-Term Studies
| Number | Contribution | |
|---|---|---|
| Assignments | 0 | 0 |
| Presentation | 0 | 0 |
| Midterm Examinations (including preparation) | 1 | 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 |
| Toplam | 1 | 0 |
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 1 | Recognizing fundamental legal concepts, defining, interpreting and using them. | X | ||||
| 2 | Recognizing fundamental disciplines of law and their content, including legislation, case-law and the doctrine in the relevant discipline. | X | ||||
| 3 | Recognizing positive norms in the legislation and being able to define and explain the principals of methodology. | X | ||||
| 4 | Being able to determine, identify and restate legal problems. | X | ||||
| 5 | Being able to use legal interpretation principals in an efficient manner in order to analyse and resolve a legal problem and in order to develop a strategy. | X | ||||
| 6 | Being able to conduct academic researches on legal problems and to propose solutions. | X | ||||
| 7 | Assuming responsibility individually or collectively for resolving complicated legal problems. | X | ||||
| 8 | Being able to criticise positive norms of the law system. | X | ||||
| 9 | Being able to explain technical legal knowledge 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 | ||||
| 10 | 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 | ||||
| 11 | Being able to conduct comparative academic researches between different law systems. | X | ||||
| 12 | Respecting human rights and universal principals and notions of law. | X | ||||
| 13 | Respecting the ethical standarts, good faith, fairness and equity principals. | X | ||||
| 14 | Being sensitive to social problems, democracy, laicism and rule of law principal. | X | ||||
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 2 | 28 |
| Working Hours out of Class | 14 | 0 | 0 |
| Midterm Examinations (including preparation) | 1 | 2 | 2 |
| Final Examinations (including preparation) | 1 | 5 | 5 |
| Total Workload | 35 | ||
| Total Workload / 25 | 1.40 | ||
| Credits ECTS | 1 | ||