Construction Arbitration Involving Turkey - Chapter 22 - 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
CONSTRUCTION ARBITRATION INVOLVING TURKEY
The general trend towards the globalization of markets, with the elimination of trade barriers, the adoption of international procedures and performance standards and the opening of private and public national markets to foreign competition, increases the feasibility of exporting construction services to foreign markets.
Construction disputes are often factually and legally rather complex. The construction disputes involve complex technical questions and projects with multiple actors and for this reason disputes in the field of construction can pose specific challenges to arbitration practitioners.
22.1 THE TURKISH CONSTRUCTION INDUSTRY
The Turkish Construction and Contracting Industry is one of the leading industries in Turkey. At the time of publishing, the Turkish construction/contracting industry was ranked to be the world's 3rd largest, behind those of the USA and China by the Engineering News Report1.
On the other hand, the globalization strategy becomes significant among construction companies as shifts in technology, consumer needs, and government policy or country infrastructure create major differences in the competitive position among firms from different nations. The motivational background behind the globalization of construction activities in different countries may be explained both by a saturation of home construction demand in advanced industrial countries, or the survival strategy of contractors in newly industrialized countries due to instability in their own domestic construction market. Construction companies in advanced industrial countries play an important role in the global construction market as providers of construction services where a higher level of technology and know-how are required.
22 CONSTRUCTION ARBITRATION INVOLVING TURKEY
22.1 THE TURKİSH CONSTRUCTİON INDUSTRY
22.2 FOREİGN CONTRACTORS İN TURKEY
22.2.1 Structuring Construction Business in Turkey
22.2.2 Work Permits in Construction Project
22.2.3 Labour Requirements
22.2.4 Health and Safety Regulations
22.2.5 Structuring Construction Contracts
22.2.6 Prototype Agreements for Public Works
22.3 Turkish Construction Law
22.4 DİSPUTE RESOLUTİON OF CONSTRUCTİON CONTRACTS
22.4.1 Pre-arbitration Methods
22.4.2 Construction Arbitration
126.96.36.199 Arbitration Agreement
188.8.131.52 Interim Measures Before of After the Arbitration has Started
184.108.40.206 Arbitral Proceeding