Set­tle­ment in Ar­bit­ra­tion: Ter­min­a­tion of Pro­ceed­ings and Con­sent Awards

De­vel­op­ment sum­mary

Murat Bildir ex­am­ines the con­sequences of set­tle­ment in ar­bit­ra­tion con­duc­ted within the frame­work of the Turk­ish Code of Civil Pro­ced­ure. The study con­siders how the prin­ciple of party dis­pos­i­tion allows the parties to re­solve their dis­pute by set­tle­ment before the ar­bit­ral tribunal has de­livered its de­cision, and how that set­tle­ment brings the pro­ceed­ings to an end.

The parties may simply ask for the pro­ceed­ings to be ter­min­ated or may re­quest that the set­tle­ment be re­cor­ded in an ar­bit­ral award, with their choice af­fect­ing the con­sequences that follow. The ana­lys­is also con­siders the stage at which set­tle­ment is reached and wheth­er it takes place before an ar­bit­rat­or, using com­par­at­ive law to ad­dress con­tro­ver­sial or un­clear as­pects of the stat­utory pro­vi­sion and to de­vel­op re­com­mend­a­tions.