Turkey - Baker & McKenzie International Arbitration Yearbook: 2011-2012

İsmail G. Esin, is the Managing Partner of Esin Attorney Partnership now associated with Baker & McKenzie. He has advised various international companies on their dispute resolution matters in Turkey and abroad, and is the author of seven books published in English, German, and Turkish on mergers and acquisitions and international arbitration. He is a member of the ICC Turkish National Committee, the LCIA, the International Bar Association, the Swiss Arbitration Association, the German Arbitration Institute (DIS), the German-Turkish Chamber of Industry and Commerce and the American Business Forum in Turkey.

Ali Yesilirmak is a member of the Istanbul Bar Association and of the Faculty, Istanbul Sehir University and a visiting lecturer at Queen Mary College, CCLS. He has published numerous books and articles on international commercial and investment law as well as dispute resolution. He has served as arbitrator and counsel in over 20 institutional and ad hoc arbitrations. He was a member of the drafting committee for the Turkish Code of Civil Procedure (2011), the draft Mediation Law on Civil Law Disputes and the draft Law on Istanbul Arbitration Center.

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Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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Turkey
Ismail G. Esin and Ali Yesilirmak

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 General

The history of legislation on arbitration in Turkey dates back to the 1850s. The Code of Civil Procedure of 1927 included a chapter on arbitration.3 With the aim of promoting international arbitration and foreign investment, the International Arbitration Law (“the IAL”) was ratified, and came into effect on 5 July 2001 after its publication in the Official Gazette.4 The IAL mainly adopts the UNCITRAL Model Law. However, some

Table of Contents:

Turkey
Ismail G. Esin and Ali Yesilirmak

A. Legislation, Trends and Tendencies
A.1 General
A.2 Part I - General Provisions of the IAL
A.3 Part II - The Arbitration Agreement
A.4 Part III - The Appointment, Challenge, Liability, Jurisdiction and Termination of Office of the Arbitrator(s)
A.5 Part IV - The Arbitral Proceedings
A.6 Part V - Challenging Arbitral Awards
A.7 Part VI - Costs of Arbitration
B. Cases
B.1 Jurisdiction of the Courts to Determine Whether the Arbitration Agreement is Valid
B.2 An Arbitration Agreement Can Be Incorporated into Another Agreement by Reference
B.3 The Principle of Severability
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Modes and Limitations of Reliance on Public Policy
C.3 Rules that Constitute Public Policy
C.4 Review of Alleged Breaches of Public Policy