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PIL.OT / RESEARCH ARCHIVE

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Research private international law developments by year, topic, legal field and author.

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Page 5 of 18
international arbitration law×Clear all
arbitration · procedure
Academic publicationInternational arbitration lawTürkiye

Uluslararasi Tahkim Yargilamalarinda Yapay Zekâ Sistemlerinin Kullanimi

Ahmet Cemal Ruhi’s article, published on 7 October 2024 in Erzincan Binali Yildirim Üniversitesi Hukuk Fakültesi Dergisi, vol. 28 no.

Ahmet Cemal Ruhi07 October 2024Turkish
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arbitration · procedure
Academic publicationInternational arbitration lawTürkiye

Arbitration Awareness in Commercial Dispute Resolution in Türkiye

The study by Mehmet Yüce, Muhammed Çelik, Beyza Saygin and Elif Kardeş was conducted to measure awareness of arbitration in the resolution of commercial disputes in Türkiye.

Mehmet Yüce · Muhammed Çelik · Beyza Saygın · Elif Kardeş25 September 2024Turkish
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arbitration · agreement · seat
Academic publicationInternational arbitration lawSingapore

Singapore’s stance on enforcement of foreign awards set aside at the seat: Some recent developments

Although an arbitral award set aside by the supervisory court at the seat may appear to have ceased to exist legally, the award creditor may still seek enforcement where the award debtor’s assets are located.

Jagriti Vij14 September 2024English
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arbitration · awards
Academic publicationInternational arbitration lawTürkiye

U.S. Supreme Court Decision on the Impartiality and Independence of Arbitrators: Commonwealth Coatings Corp. V. Continental Cas. Co.

A subcontractor sued the general contractor’s sureties to recover payment for painting work.

Maltepe Üniversitesi Hukuk Fakültesi Dergisi No. 1-211 September 2024Turkish
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arbitration · awards
Academic publicationInternational arbitration lawTürkiye

Theoretical Framework of the Joining of Third Parties in International Commercial Arbitration

Burak Işik’s article published in Regesta examines the theoretical framework for the joining of third parties in international commercial arbitration.

Burak Işık01 September 2024Turkish
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arbitration · awards
Academic publicationInternational arbitration lawTürkiye

Uluslararasi Tahkimde Elektronik Tahkim Kararlari ve E-Imza

Ruhi, Ahmet Cemal authored the academic publication “Uluslararasi Tahkimde Elektronik Tahkim Kararlari ve E-Imza” in Sakarya Üniversitesi Hukuk Fakültesi Dergisi, Vol. 12 No.

Ahmet Cemal Ruhi31 August 2024Turkish
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arbitration · procedure
Academic publicationInternational arbitration lawUnited Kingdom

Confidentiality and privacy of arbitration in the digital era: Pies in the sky?

Nobumichi Teramura; Leon Trakman authored the academic publication “Confidentiality and privacy of arbitration in the digital era: pies in the sky?” in Arbitration International, published on 2024-07-17.

Nobumichi Teramura; Leon Trakman17 July 2024English
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arbitration · investment
Academic publicationInternational arbitration lawTürkiye

The Principle of Fair and Equitable Treatment in Foreign Investment Law

The article examines the principle of fair and equitable treatment in foreign investment law.

Ceren Kaya11 July 2024Turkish
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arbitration · agreement · seat
Academic publicationInternational arbitration lawTürkiye

An Analysis of a Decision Rendered by the Turkish Court of Cassation (11th Chamber) Regarding Arbitration Objection and Good Faith Principle: One Step Forward and Two Steps Back on the Objective of Becoming a Hub for International Arbitration

Kalafatoğlu, Mehmet Polat authored the academic publication “An Analysis of a Decision Rendered by the Turkish Court of Cassation (11th Chamber) Regarding Arbitration Objection and Good Faith Principle: One Step Forward and Two Steps Back on the Objective of Becoming a Hub for International…

Mehmet Polat Kalafatoğlu08 July 2024Turkish
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corporate · investment
Academic publicationInternational arbitration lawUnited Kingdom

Of War and International Investment Law

The article examines the expansion of investor–State arbitral practice concerning investment protection in armed conflict and military occupation.

Kathryn Greenman01 July 2024English
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arbitration · procedure
Academic publicationInternational arbitration lawTürkiye

Assessment of the Balance of Autonomy and Justice in English Arbitration Proceedings in the Light of the Assistance of State Courts and Injunctions

Ticen Özraşit’s article in Hacettepe Hukuk Fakültesi Dergisi examines the role of state-court assistance and injunctions in arbitration proceedings in England.

Ticen Özraşit30 June 2024English
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arbitration · agreement · seat
Academic publicationInternational arbitration lawTürkiye

Approaches to the Determination of the Law Applicable to the Arbitration Agreement and Its Effects on Turkish Law

The article was published in Banka ve Ticaret Hukuku Dergisi on 28 June 2024.

Candan Yasan28 June 2024Turkish
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arbitration · investment
Academic publicationInternational arbitration lawTürkiye

Conservatory and Provisional Measures in ICC and ICSID Arbitration Rules

Sarigül Ata, Bersun authored the academic publication “Conservatory and Provisional Measures in ICC and ICSID Arbitration Rules” in Başkent Üniversitesi Hukuk Fakültesi Dergisi, Vol. 10 No.

Bersun Sarıgül Ata06 June 2024Turkish
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succession
Academic publicationConflict of lawsGlobal; common law jurisdictions

Re-calibration of Curial Intervention in Public Policy Challenges Against Arbitral Awards

This Journal of International Arbitration article by Darius Chan and Elias Khong addresses the tension between the finality of arbitral awards and courts’ role in safeguarding public policy when an award is challenged on public-policy grounds.

Elias Khong Darius Chan01 June 2024English
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arbitration · agreement · seat
Academic publicationInternational arbitration lawVietnam

Determinants of Commercial Arbitration Selection to Resolve Disputes: Insights from Vietnamese Managers

The Journal of International Arbitration article by Long Tran Viet and Hai Phan Thanh examines the factors influencing the selection of commercial arbitration by Vietnamese businesses that have arbitration agreements.

Long Tran Viet, Hai Phan Thanh01 June 2024English
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arbitration · procedure
Academic publicationInternational arbitration lawGlobal

The Role of International Commercial Arbitration in Mastering Climate Change Disputes: Initiatives, Advantages, and Challenges

The article by Kathrin Asschenfeldt and Lisa-Marie Ross, published in the Journal of International Arbitration, examines the growth of climate-change disputes involving environmental and energy-law concerns and the participation of corporations and other non-state actors.

Kathrin Asschenfeldt · Lisa-Marie Ross01 June 2024English
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arbitration · procedure
Academic publicationInternational arbitration lawTürkiye

This study by Muhsin Ishak Dinç was published in the Uluslararasi Ticaret ve Tahkim Hukuku Dergisi on 1 May 2024

This study by Muhsin Ishak Dinç was published in the Uluslararasi Ticaret ve Tahkim Hukuku Dergisi on 1 May 2024.

Muhsin İshak Dinç01 May 2024Turkish
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arbitration · agreement · seat
Academic publicationInternational arbitration lawTürkiye

This article addresses how the law applicable to an arbitration agreement is determined, focusing on implied choice of…

This article addresses how the law applicable to an arbitration agreement is determined, focusing on implied choice of law and the role of the law governing the main contract.

Şit Köşgeroğlu, Banu20 April 2024Turkish
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arbitration · investment
Academic publicationInternational arbitration lawGlobal

Article: The FET Standard between Treaty Reform and ISDS Practice: An Analysis of the Modernized ECT

The article describes the modernization of the Energy Charter Treaty as an effort to incorporate climate-change considerations more effectively into the investment treaty.

Kluwer Law International BV01 April 2024English
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arbitration · awards
Academic publicationInternational arbitration lawTürkiye

Turkish Supreme Courts’ Approach on the Review of Violations of Due Process by Arbitral Awards and European Court of Human Rights’ Case-Law

Ipek Sarioz Buyukalp’s article assesses the Turkish Supreme Court’s approach to fair-trial violations in the review of arbitral awards in light of ECtHR case-law.

Ipek Sarioz Buyukalp31 January 2024Turkish
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arbitration · agreement · seat
Academic publicationInternational arbitration lawGlobal

Separability and the Law Applicable to the Substantive Validity of Arbitration Agreements

the academic publication “Separability and the Law Applicable to the Substantive Validity of Arbitration Agreements” in Journal of International Arbitration, published on 2024-01-01. The publication forms part of the private-international-law literature concerning Global.

Kluwer Law International BV01 January 2024English
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arbitration · investment
Academic publicationInternational arbitration lawGlobal

Essential Security Interests in International Investment Law—a Trend towards GATTization

Prabhash Ranjan authored the academic publication “Essential Security Interests in International Investment Law—A Trend towards GATTization” in ICSID Review - Foreign Investment Law Journal, published on 2024-01-01.

Prabhash Ranjan01 January 2024English
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arbitration · awards
Academic publicationInternational arbitration lawTürkiye

Milletlerarasi Ticari Tahkimde Iptal Sebebi Olarak Hakemlerin Sayisi, Nitelikleri ve Atama Usullerine Ilişkin Aykiriliklar

The article explains the role of party autonomy and statutory rules in constituting an arbitral tribunal in international commercial arbitration.

Danyal Ersari Sibel Özel31 December 2023Turkish
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arbitration · procedure
Academic publicationInternational arbitration lawTürkiye

Individual Applications to the ECtHR for Violations of the Right to a Fair Trial in Arbitration Proceedings

Purselim, Hatice Selin; Çetin, Emre authored the academic publication “Individual Applications to the ECtHR for Violations of the Right to a Fair Trial in Arbitration Proceedings” in Public and Private International Law Bulletin, Vol. 44 No.

Purselım, Hatice Selin, Çetin, Emre03 November 2023Turkish
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