Originally from Arbitration Law of Turkey: Practice and Procedure

CHAPTER 10

PLACE OF ARBITRATION

10.1 GENERAL

The place of arbitration refers to the place where the arbitrator or arbitrators make the award. However, the place of arbitration is more than simply a geographical location1

Today as a rule at a choice of a place of arbitration the parties pay attention to such important factors as: geographical locality, level of expenses for maintenance of an arbitration proceeding, efficiency of an arbitration, language of the arbitration country, opportunity to obtain a visa, and, objects of a local infrastructure. , the place of arbitration carries legal and practical consequences from the law applicable to the arbitration to the Courts that have jurisdiction over challenges to the award. The place of arbitration usually determines the law that will apply to the arbitration, that is, the law that will regulate, in particular, the relationship between the arbitration proceedings and the extent to which the courts of the place of arbitration may or will entertain actions in relation to the arbitration.

The place of arbitration is one of the criteria for determining whether the arbitration has a foreign element and consequently whether the Turkish International Arbitration Law is applicable to the arbitration proceedings. Article 2 of TIAC provides that an arbitration proceeding has a foreign element and TIAC is applicable if the parties’ places of domicile or habitual residence or places of business are situated in a different place to the place of arbitration if determined in, or pursuant to, the arbitration agreement.