Sayfa 335CHOICE OF ANATIONAL LAW RULES AS THE LAW APPLICABLE TO THE MERITS OF THE DISPUTE…
Arş. Gör. Ahmed Dırar GÜNGÖRDÜ…
ÖZET
Taraf iradesi, milletlerarası tahkimin temelini oluşturmaktadır. Taraflar, tahkim…
Bu çalışmada tarafların uyuşmazlığın esasına uygulanacak hukuk olarak anasyonel hukuk…
Anahtar Kelimeler: Milletlerarası Tahkim, İrade Serbestisi, Esasa Uygulanacak…
ABSTRACT…
Party autonomy constitutes the basis for international arbitration. Parties are free to choose the governing law of arbitration agreement, the law to be applied to the arbitration procedure and the law applicable to the merits which is the main topic of our study. The freedom granted to the parties to choose the substantive law applicable to the merits of the dispute is not limited to the choice of national law. Parties may also choose anational law rules that has no connection to any state. Despite this choice, arbitrators must also take into account overriding mandatory rules and public policy. This is because arbitral proceedings cannot be used as a means of neutralizing account overriding mandatory rules and public policy. The jurisdiction of the arbitral tribunal derives from the will of the parties and the rules of national law that give value to that will.…
This study will explain under which conditions it is possible for the parties to choose anational law rules as the law applicable to the merits of the dispute. It will be discussed whether it is possible for arbitrators to apply anational law rules to the disputes where the parties have made no choice. In addition, the applicability of anational law rules as the governing law in arbitration proceedings in Turkey will be emphasized. With this study, it is hoped that anational law rules will be more widely applied in international commercial arbitration.Keywords: International Arbitration, Party Autonomy, The Law Applicable to The Merits, Anational Law Rules, Overriding Mandatory Rules.…
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