Seden Dürüstkan’s 2023 article considers how public policy operates in the recognition and enforcement of foreign arbitral awards. It examines the place of public policy in that process, its distinction from overriding mandatory rules, and its role in relation to arbitrability.
Ahmet Dulger’s article examines the validity of arbitration agreements concluded through online communication tools. It evaluates such agreements as to capacity, form and substance in light of conflict-of-laws and substantive-law rules.
Erman Eroglu authored the academic publication “Arbitrator Integrity: Self-Interested Arbitrator in International Commercial Arbitration” in Başkent Üniversitesi Hukuk Fakültesi Dergisi, published on 2022-12-30.
The article discusses four issues concerning the jurisdiction of the Turkish Football Federation Dispute Resolution Board within the framework of Law No. 5894, the Federation Statute and the Board Instructions.
Vural Çelenk authored the academic publication “The Overview of the Arbitral Awards Under Article 1 of the Additional Protocol No. 1 to the ECHR and the ECtHR Judgment in BTS Holding, A.S.
Ticen Özraşit’s study, published in Legal Hukuk Dergisi on 15 October 2022, compares the 2010, 2013 and 2021 revisions of the UNCITRAL Arbitration Rules with Turkish arbitration provisions. It addresses the relationship of Turkey’s International Arbitration Law No.
Aysun Bolaca’s study examines the importance of an investor’s nationality for jurisdiction in international investment arbitration and the issues arising when the investor also holds the nationality of the host State.
The article states that arbitral awards in Turkish law are subject to a limited list of statutory grounds for annulment and that excessively high arbitrator fees are not expressly listed as an annulment ground in Turkish law.
Abdullah Harun Korkmaz’s article in Volume 42, No. 2 of the Public and Private International Law Bulletin considers the credibility of fact witness evidence in international arbitration in light of current debates.
Asli Bayata Canyas’s article was published in Ankara Barosu Dergisi on 25 August 2022 and addresses when arbitration proceedings end under Law No. 4686 on International Arbitration.
The article examines the legitimacy crisis facing investor-state dispute settlement, including concerns about interference with states’ regulatory space, fragmentation of investment law, and closed-door proceedings.
Adnan Tarik Doğan’s 2022 article addresses third-party funding in international investment arbitration, focusing on the nature of the funding agreement, disclosure of the funder’s identity and security for costs.
Eroğlu, Erman authored the academic publication “Due Process Rights in Arbitration in the light of the Austrian Supreme Court’s Decision: Remote Hearings During the Pandemic” in Sakarya Üniversitesi Hukuk Fakültesi Dergisi, Vol. 10 No.
The article examines whether parties may waive their right to object to arbitral awards through a prior agreement or as a consequence of certain conduct.
Federica Paddeu; Michael Waibel authored the academic publication “Necessity 20 Years On: The Limits of Article 25” in ICSID Review - Foreign Investment Law Journal, published on 2022-06-01.
Ioana Knoll-Tudor authored the academic publication “Recognition or Enforcement and Annulment of Arbitral Awards in France: An Analysis of the Kluwer Research Results” in Journal of International Arbitration, published on 2022-06-01.
Natalie L Reid; Romain Zamour authored the academic publication “State Responsibility and Corruption in the Context of Investor-State Disputes” in ICSID Review - Foreign Investment Law Journal, published on 2022-03-23.
The article examines differing doctrinal views on whether awards rendered in domestic arbitration conducted under the Code of Civil Procedure must contain reasons.