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A. LEGISLATION AND RULES A.1 Legislation International arbitration[1] seated in Türkiye is governed by the International Arbitration Law of 2001 (IAL),[2] while domestic arbitration not involving a foreign element is governed by the Code of Civil Procedure of 2011 (CCP).[3] The provisions in these two codes were both inspired by the UNCITRAL Model Law; therefore, they can be characterized as reasonably standard and arbitration-friendly. The recognition and enforcement of foreign arbitral awards in Türkiye is…

In the course of the past year, the Turkish courts have issued various decisions in relation to arbitration matters, which may be of interest to arbitration practitioners, and parties who have chosen or are considering to choose arbitration as a dispute resolution mechanism. Furthermore, as arbitration becomes a choice of dispute resolution mechanism for wider audiences, arbitration institutions take action to better cater to the needs of the practitioners and parties alike to provide them…

The Istanbul Arbitration Centre (“ISTAC“), one of Turkey’s leading arbitration institutions, introduced the ISTAC Mediation-Arbitration Rules (“Rules“) regarding alternative dispute resolution on 15 November 2019 after introducing the Arbitration and Mediation Rules on 26 October 2015. The mediation-arbitration model, known as Med-Arb, is an alternative dispute resolution method where parties attempt to resolve a dispute through mediation, and if mediation fails, the parties resort to arbitration According to the Rules, parties can conclude a Med-Arb…

This post is an extract from the first edition of GAR’s The Guide to M&A Arbitration, first published in December 2018. The whole publication is available at https://globalarbitrationreview.com/edition/1001270/the-guide-to-m-a-arbitration-first-edition. Frequency of M&A disputes The frequency of disputes largely depends on market conditions and M&A literacy. Turkey’s attractiveness to investors over the past decade has naturally resulted in an increase in M&A transactions. The number of transactions in Turkey for the year 2016 was 243; for 2015,…