International Arbitration (International Dispute Resolution)

International dispute resolution refers to the process of resolving conflicts or disagreements between parties from different countries. These disputes can arise from various sources, including trade agreements, investment treaties, territorial claims, human rights violations, or diplomatic issues. There are several methods of international dispute resolution, including negotiation, mediation, arbitration, and litigation.

We specifically provide services in international arbitration matters concerning the Turkish law and brought in the London Court of International Arbitration and we offer legal expertise and guidance to parties involved in resolving disputes through arbitration.  Our main services are as follows:

1. Legal Advice and Strategy: We advise our clients on the merits of their case, the applicable law, and the best strategy for resolving the dispute through arbitration. This includes analysing the arbitration agreement, assessing the strengths and weaknesses of the client's position, and developing a comprehensive legal strategy.

2. Representation in the London Court of International Arbitration: We represent our clients in all stages of the arbitration process, from initiating or responding to arbitration proceedings to advocating on their behalf during hearings. This involves preparing legal submissions, presenting evidence, examining witnesses, and making oral arguments before the arbitral tribunal.

3. Arbitrator Selection: We assist our clients in selecting arbitrators who are well-suited to the specific characteristics of the dispute, such as expertise in the relevant legal issues or industry sector. This may involve conducting research on potential arbitrators, evaluating their qualifications and experience, and participating in the arbitrator selection process.

4. Preparation of Documents: We also draft and review various legal documents related to arbitration, including arbitration agreements, statements of claim or defence, procedural submissions, witness statements, expert reports, and settlement agreements. These documents are crucial for presenting the client's case effectively and complying with procedural requirements.

5. Legal Research: We conduct legal research to identify relevant laws, treaties, case law, and legal principles that may impact the arbitration proceedings or the outcome of the dispute. This research helps to support the client's arguments and ensure that their rights and interests are protected.

6. Settlement Negotiations: We engage in settlement negotiations on behalf of our clients, exploring the possibility of resolving the dispute amicably through negotiation or mediation. This may involve participating in settlement conferences, exchanging settlement offers, and facilitating discussions between the parties to reach a mutually acceptable resolution.

7. Enforcement of Awards: We also assist our clients in enforcing arbitral awards by seeking recognition and enforcement in Turkish courts or other jurisdictions. This involves navigating complex legal procedures and addressing any challenges or obstacles that may arise during the enforcement process.

Recognition of foreign arbitration awards in Turkiye

In Turkiye, the recognition and enforcement of foreign arbitration awards are governed by both domestic legislation and international conventions. Here's an overview of the process:

1. Domestic Legislation: The main legislation governing the recognition and enforcement of foreign arbitration awards in Turkiye is the Turkish International Arbitration Law No. 4686. This law provides a framework for recognising and enforcing awards rendered in foreign arbitral proceedings.
2. New York Convention: Turkiye is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention. This convention facilitates the recognition and enforcement of foreign arbitration awards in member states, including Turkiye. The New York Convention sets out the conditions under which foreign awards can be recognised and enforced.
3. Application Process: To have a foreign arbitration award recognised and enforced in Turkiye, the party seeking enforcement must submit an application to the competent Turkish court. The application should include the original award or a duly certified copy, along with any translations required by the court.
4. Grounds for Refusal: The Turkish court may refuse to recognise or enforce a foreign arbitration award under certain limited circumstances. These grounds typically include issues such as invalidity of the arbitration agreement, lack of proper notice or representation, or violation of public policy.
5. Judicial Review: The court's decision regarding the recognition and enforcement of a foreign arbitration award is subject to judicial review.

Overall, the recognition and enforcement of foreign arbitration awards in Turkiye follow established legal procedures and international conventions aimed at promoting the efficacy of international arbitration and the enforcement of arbitral awards across borders and we assist our clients through the whole process.