The Importance of Agreement in Dispute Resolution - Litigation and Arbitration Law
Arbitration is the resolution of disputes between the parties before the arbitrators they choose instead of litigation. The arbitration method, which is considered as a judicial or alternative dispute resolution method, is beneficial in terms of providing fast and practical solutions according to both views.
Arbitration, which started to be implemented in Administrative Law with the Constitutional amendment realized in 1999, has started to be preferred frequently in recent years in terms of resolving disputes between the parties in an easier way. The parties may freely choose the expert arbitrator or arbitrators. Therefore, an environment of trust is created and the legal process is accelerated. What is litigation and arbitration law, how is arbitration done, what is an arbitration agreement, what happens as a result of arbitration cases? The answers to these questions are in our article.
What is an Arbitration Agreement?
Arbitration agreement is the agreement made to leave the entire process management to the arbitration arbitrators or the arbitral tribunal in order to resolve the disputes arising from any legal relationship. Thus, the resolution of the dispute by the arbitrators by finding a middle way will be faster than the judicial process. Arbitration cases are concluded with impartial arbitrators.
On Which Matters Can Arbitration Be Applied?
If you say which cases are heard within the scope of litigation and arbitration law; Except for the disputes arising from the real rights on the immovable properties or the works that are not subject to the will of the two parties, all kinds of issues can be resolved by arbitration. Arbitration cases can be conducted in areas where disputes arise between parties such as sales, distribution, construction, finance, company law. The parties can choose any arbitrator or arbitrators they want. Arbitration cases will be more beneficial especially for corporate companies.
What Are Arbitration Cases? Who Can Apply for Arbitration Actions?
The services of lawyers include the preparation of arbitration agreements according to the legal system of the countries, their examination and provision of opinions, representation of Turkish and foreign clients before the arbitrator, preparation of reconciliation files, negotiation, reconciliation, mediation services, and serving as an independent arbitrator when requested.
Lawyers also support their clients in litigation processes such as determining appropriate arbitration cases for arbitration and dispute resolution, pursuing national and international arbitration cases, pursuing recognition and enforcement cases for the recognition and enforcement of arbitration decisions in Turkey, and ensuring the execution of arbitration decisions.
Arbitration cases are heard on the basis of confidentiality before national and international arbitration committees and arbitration institutions.
How is an Arbitration Case Heared? How to Make a Decision?
First of all, in order for the dispute to be resolved through arbitration, the subject of the dispute must be suitable for arbitration. For example; Divorce cases cannot be resolved through arbitration. In general, it is reasonable to resort to arbitration in disputes arising from trading and cooperation between companies. International arbitration may be preferred in cases involving foreign elements.
In accordance with the International Arbitration Law No. 4686, the parties are free to determine the number of arbitrators for arbitration cases, provided that the number is odd. If the number of arbitrators is not decided, 3 arbitrators are selected and the case is heard. In order for the International Arbitration Law No. 4686 to be applicable, the subject of the dispute must have a foreign qualification and the parties must belong to different states.
Support can be obtained from law firms for arbitration cases and arbitration proceedings can be heard by impartial arbitrators. Thus, both the process is accelerated and the rights of the parties can be protected through agreement.