International Arbitration Law (EHYL-345)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| EHYL-345 | International Arbitration Law | 1 | 3 | 0 | 0 | 3 | 6 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Elective |
| Course Level | Masters Degree |
| Course Instructor(s) | İLHAN YILMAZ iyilmaz@gsu.edu.tr (Email) |
| Assistant | |
| Objective | Evaluation of the basics 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 |
Turkish law on International Arbitration, Turkish law on Civil procedure, international agreements, books and articles on the subject matter. 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 | Introduction |
| 2 | Introduction |
| 3 | Arbitrability |
| 4 | Seat of arbitration |
| 5 | Validity of the arbitration agreement |
| 6 | Law applicable to the procedure and merits of the arbitration |
| 7 | Constitution of the arbitral tribunal |
| 8 | Independence and impartiality of the arbitral tribunal |
| 9 | The principle of competence-competence |
| 10 | Provisional measures |
| 11 | Multi-party arbitration |
| 12 | Annulment of arbitral awards |
| 13 | Enforcement of arbitral awards |
| 14 | FIDIC |
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 | 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 |
| Toplam | 1 | 40 |
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 1 | Recognizing positive norms in economic 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 economic 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 | 15 | 15 |
| Presentation | 1 | 15 | 15 |
| Final Examinations (including preparation) | 1 | 15 | 15 |
| Total Workload | 157 | ||
| Total Workload / 25 | 6,28 | ||
| Credits ECTS | 6 | ||