Applicable Law - Chapter 15 - 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
In almost all international arbitrations the tribunals have to deal with the issue of determining the substantive law governing the merits. While ordinary courts are usually obliged to apply their conflict-of-laws rules in relations with an international element, to determine and apply the applicable substantive law status, international arbitration have different or even opposite approaches.
The judge or arbitrator would be presumed to know the law whether it is foreign or domestic. But it is not uncommon for an expert in the particular foreign law to be brought in to give an opinion or to make an oral submission at the hearing.
International arbitration practice gives a greater emphasis on business practices to extremes where the arbitrators refuse to use any regulatory system and try to assess the dispute, for example, in accordance with “transnational rules” or lex mercatoria rules as a supposedly unified system of accepted international practice.
15 APPLICABLE LAW
15.1 CHOİCE OF LAW
15.2 ACCEPTED TRADE USAGE
15.3 ABSENCE OF CHOİCE OF LAW
15.4 AMİABLE COMPOSİTEUR