Arbitration in Turkey - Chapter 1 - Arbitration Law of Turkey: Practice and Procedure
Dr. Ziya Akinci, is the founding partner of AKINCI Law Oices, Turkey. He sits as an arbitrator in disputes under the ICC and other institute rules, including ITO and TRAC and also under ad hoc rules. Dr. Akinci acts as party counsel in arbitrations, both domestic and international, and under ICC, ICSID and ad hoc rules. He has previously been requested to provide expert opinions in some arbitration cases. Dr. Akinci is member of the ICC Court.
Originally from Arbitration Law of Turkey: Practice and Procedure
CHAPTER 1
ARBITRATION IN TURKEY
1.1 GENERAL INFORMATION ON TURKISH LAW
1.1.1 Turkish Legislation
Turkey is a civil law country where the legal system is mainly based on the countries of Continental Europe. After the Republic was officially proclaimed in 1923 many radical reforms were introduced including the replacement of the Islamic Canon Laws and courts with a Civil Law system. By 1926, Turkey had adopted the Swiss Civil Code and the Code of Obligations almost verbatim, which contain the law of real persons, family law, succession, property, contracts, torts and unjust enrichment. The Turkish Code of Execution and Bankruptcy was adopted in 1929 based on the Swiss Federal Code of 1889. It was replaced in 1965 by a new Code to satisfy the changing requirements of Turkish economic and commercial life. Western Codes were incorporated into the new legal system not only in the field of private law but also in the sphere of public law. The Criminal Code was adopted in 1926 based on the Italian Criminal Code of 1889. Although it has been amended several times in order to adapt it to the changing conditions in the country, its essence has been preserved. The Codes relating to administrative law were mainly adopted from France between the dates of 1960-1964 as a result of the French influence on the administrative system of Turkey.
1 ARBITRATION IN TURKEY
1.1 GENERAL INFORMATION ON TURKISH LAW
1.1.1 TURKISH LEGISLATION
1.1.2 THE TURKISH COURT STRUCTURE
1.2 TURKEY AS A PLACE OF ARBITRATION
1.3 A SHORT HISTORY OF ARBITRATION IN TURKEY
1.4 ARBITRATION AS AN ALTERNATIVE TO LITIGATION IN TURKEY