Assistance, Interference and Supervision of Local Courts in Arbitration(ÖHDR-353)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| ÖHDR-353 | Assistance, Interference and Supervision of Local Courts in Arbitration | 1 | 3 | 0 | 0 | 3 | 7 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Elective |
| Course Level | Doctoral Degree |
| Course Instructor(s) | HATİCE ÖZDEMİR KOCASAKAL hkocasakal@gmail.com (Email) |
| Assistant | |
| Objective | Evaluation of the basic and salient problems of international arbitration involving foreign element as an alternative dispute resolution method compared to state courts. |
| 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, 2025. 2. Ergin NOMER / Günseli ÖZTEKİN GELGEL / Nuray EKŞİ: Milletlerarası Tahkim Hukuku, İstanbul, 2016. 3. Cemal ŞANLI, Uluslararası Ticari Akitlerin Hazırlanması ve Uyuşmazlıkların Çözüm Yolları, İstanbul 2023. 4. Bilgehan YEŞİLOVA, Milletlerarası Ticari Tahkimde Nihai Karardan Önce Mahkemelerin Yardımı ve Denetimi, 2008. 5. Fouchard/Gaillard/Goldman, Traité de l’Arbitrage Commercial International (Pedone, 1996) 5- Journal Articles 6- Judgements of Court of Cassation |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | An Overview of Arbitration: Concepts, Basics and Nationality of Arbitral Awards |
| 2 | Arbitration in Turkish Law |
| 3 | The Supporting Judge (Juge d'appui): Concept, Rationale and Legal Nature of their Decisions |
| 4 | Designating the Competent Supporting Judge and their Powers under Turkish Arbitration Act |
| 5 | National Courts' Control over Arbitrators' Jurisdiction I: Validity of the Arbitration Agreement |
| 6 | The Law(s) Applicable to the Arbitration Agreement |
| 7 | National Courts' Control over Arbitrators' Jurisdiction II: Arbitrability |
| 8 | The Arbitrators' Power to Decide on their own Jurisdiction (Compétence-Compétence) |
| 9 | National Courts' Intervention to Arbitration: Challenges against Arbitrators |
| 10 | National Courts' Support to Arbitration: Collection of Evidence and Interim Measures |
| 11 | National Courts' Supervision over Arbitration I: Annulment |
| 12 | National Courts' Supervision over Arbitration II: Request for Recognition and Enforcement |
| 13 | Long standing Discussions over Arbitral Awards I: Enforcement of Annulled Awards |
| 14 | Long standing Discussions over Arbitral Awards II: The Possibility of Applying to the ECtHR against Arbitral Awards? |
Practice Topics
| Week | Weekly Contents |
|---|
Contribution to Overall Grade
| Number | Contribution | |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 40 |
| Contribution of final exam to overall grade | 1 | 60 |
| Toplam | 2 | 100 |
In-Term Studies
| Number | Contribution | |
|---|---|---|
| Assignments | 1 | 20 |
| Presentation | 1 | 20 |
| 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 |
| Toplam | 2 | 40 |
| 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 | ||||
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 3 | 42 |
| Working Hours out of Class | 14 | 5 | 70 |
| Assignments | 1 | 20 | 20 |
| Presentation | 1 | 20 | 20 |
| Final Examinations (including preparation) | 1 | 20 | 20 |
| Total Workload | 172 | ||
| Total Workload / 25 | 6.88 | ||
| Credits ECTS | 7 | ||