Demircioğlu Koçak Bayraktar Attorney Partnership

Experts

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Ahmet Koçak
Founding Partner
Demircioğlu Koçak Bayraktar Attorney Partnership
Contributions by Demircioğlu Koçak Bayraktar Attorney Partnership Experts

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Challenging Turkish court proceedings in breach of an arbitration agreement
Challenging Turkish court proceedings in breach of an arbitration agreement
Practice Notes

The legal frameworkTwo principal statutes govern the relationship between arbitration and Turkish court proceedings. The International Arbitration Law No. 4686 (IAL) applies to arbitrations with a foreign element where the seat is in Türkiye or where the parties or tribunal choose its application. The Code of Civil Procedure No. 6100 (CCP) governs domestic arbitration and the procedural treatment of preliminary objections in Turkish civil litigation.Article II(3) of the New York Convention also requires courts of contracting states, subject to the limited qualifications in that provision, to refer parties to arbitration when proceedings are brought in a matter covered by a written arbitration agreement. Türkiye is a contracting state. Recognition and enforcement in Türkiye are governed by separate regimes: foreign court judgments are governed by Articles 50–59 of the IPPL, subject to any applicable international treaty; foreign arbitral awards are governed by the New York Convention where applicable and, outside its scope, by Articles 60–63 of the IPPL, subject to any other applicable

Introduction to ISTAC, Arbitration and Med-Arb under the ISTAC Rules
Introduction to ISTAC, Arbitration and Med-Arb under the ISTAC Rules
Practice Notes

This Practice Note examines the key features of the ISTAC Rules, covering the appointment of arbitrators, procedural flexibility, the emergency arbitrator mechanism, and the enforceability of the ISTAC awards, along with an introduction to the establishment of the centre.

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