Anonim Şirketler Hukukundan Doğan Uyuşmazlıklar Bakımından Tahkim…: ÖZ

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ÖZ

As the resolution of intra-company disputes before local courts can take years, the adoption of arbitration for intra-company disputes may prevent a number of problems from escalating. However, disputes arising out of corporate law are commercial disputes that involve a wider range of parties and interest groups compared to disputes arising out of traditional contracts (e.g. supply contract). The legal entity of the company, shareholders, employees, managers and third party creditors of the company are considered as interest groups when it comes to the internal dispute of a joint stock company. Whether arbitration can be applied in intra-company disputes involving such a wide range of interests can be answered by resolving the issue of the arbitrability of the type of dispute in question in terms of subject matter and the determination of the scope of application of the arbitration clause added to the Articles of Association of the company. In addition, it is also possible for the parties to conclude an external arbitration agreement. In this study, the issue of the arbitrability of certain disputes arising from corporate law will be briefly discussed, followed by the issues of whether an arbitration clause can be added to the Articles of Association and who will be bound by the arbitration clause if it is accepted that it can be added to the Articles of Association.…

Anonim Şirketler Hukukundan Doğan Uyuşmazlıklar Bakımından Tahkim Anlaşması

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ÖZ