Arbitration is the means by which the parties to a dispute can settle the same mix by the intervention of a third person, without however attacking a court. However, it is more of a fiction, as the court may be compelled to intervene or the parties may apply to the court from the outset. If two persons agree to have their disputes settled by arbitration, they actually believe that the actual decision of the dispute rests with a third person, qualified as an arbitrator, whereas the court may have to intervene to settle the arbitration or give legal sanction to the arbitrator`s arbitral award. Arbitral law is based on the principle of withdrawing the dispute from the ordinary courts and allowing the parties to replace a national court. Halsbury defines arbitration procedure as the reference to disputes or disputes between at least two parties to adjudicate, after both parties have been heard by a court or another person as a competent court. If the parties have an arbitration clause validly concluded in respect of the dispute, the courts are not primarily responsible for the dispute. Turkish courts have jurisdiction only in the particular circumstances to which the TIAC clearly refers. The 1996 Act, which repealed the 1940 Act, explicitly states that foreign distinctions are awarded on the basis of the Geneva Protocol, the Geneva Convention and the New York Convention. The 1996 Act is unique in that it contains comprehensive provisions on domestic arbitration, conciliation, international commercial arbitration, conciliation and the recognition and enforcement of foreign arbitral awards on the basis of the Geneva and New York Conventions. “No court may intervene in matters under this Law, unless this Law so provides.” Dr.
Ziya Akinci is a founding partner of AKINCI Law Oices, Turkey. He sits as an arbitrator in disputes under the ICC and other institute rules, including the ITO and TRAC, as well as the ad hoc rules. Dr. Akinci acts as an advisor to the party in national and international arbitration proceedings, as well as under ICC rules, icN and ad hoc rules. He has already been asked in some arbitration proceedings to make expert opinions. Dr. Akinci is a member of the ICC Court. Matters that fall within the jurisdiction of Turkish courts are most often an aid to arbitration. For example, Turkish courts have jurisdiction over the granting of interim measures and safeguard measures before the constitution of the arbitral tribunal. Turkish courts may also receive assistance in enforcing or obtaining interim measures and protective measures ordered by the arbitral tribunal if a party does not voluntarily comply with such measures.
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