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Yayıncı:
On İki Levha Yayıncılık
Yayın tarihi:
Haziran 2017
ISBN:
978-605-152-549-5
eISBN:
978-605-152-965-3
Baskı:
1
On İki Levha Yayıncılık
Yayın tarihi:
Haziran 2017
ISBN:
978-605-152-549-5
eISBN:
978-605-152-965-3
Baskı:
1
Yazarlar:
H. Ercüment Erdem
Aşağıda bir kısmını gördüğünüz bu dokümana sadece Profesyonel + pakete abone olan üyelerimiz erişebilir.
RESOLVING INTERNATIONAL TRADE DISPUTES THROUGH ARBITRATION*
This paper has been generated from my conference given at International Sales Conference…
I. MAIN OPTIONS FOR DISPUTE RESOLUTION
In the course of business relations, the proper drafting of contracts is rather important.…
The purpose of this paper is to present in general lines the main options for disputes…
A. INTERNATIONAL ARBITRATION
In international commercial transaction, the most common dispute resolution method…
The arbitration is a voluntary method of dispute resolution. Thus, parties may only…
A general frame and application of international arbitration will be dealt in the…
B. AMICABLE DISPUTE RESOLUTION- MEDIATION
Other common ways of amicable dispute resolution can be summarized as conciliation…
Conciliation is an informal process in which a neutral third party assists the parties…
Mediation is a more structured process than conciliation, where a neutral party,…
Mediation is less formal then arbitration. Unlike an arbitrator, a mediator does…
Most arbitration institutions(1) provide rules, procedures and administrative services for mediation. As mediation is a voluntary process, the
The parties can provide for resolution of future disputes by including a mediation…
Mediation can occur in different stages. First it can occur when a dispute initially…
Mediation can also occur during a pending arbitration or litigation before the award…
C. LITIGATION
Needless to say the parties always have the option to refer to litigation at the…
II. WHY ARBITRATION?
There may be several advantageous reasons for parties to choose arbitration in resolving…
Secondly, the equality of the parties and the international courtesy do not tolerate…
Thirdly, the choice of national court would bring over problems of determination…
Fourthly, arbitration provides strict confidentiality to parties, since the correspondences…
Fifthly, it may be stated that generally international commercial disputes are very…
Lastly, it should be noted that international arbitration conventions, most significantly…
In summary, lack of an international court for the resolution of international commercial…
If we are to mention about the disadvantages of international arbitration, it should…
Moreover, international arbitration could be expensive for claims in small amount.…
As a final remark, not every type of dispute is convenient for arbitration. The non-arbitrable…
III. INSTITUTIONAL ARBITRATION or AD HOC ARBITRATION
Once the international arbitration is agreed upon as the way for settlement a dispute,…
The parties to an international trade dispute considering resorting to arbitration…
A. AD HOC ARBITRATION
Ad hoc arbitration is a type of arbitration where no institution is involved and…
This type of arbitration gives the total freedom to the parties who can adopt the…
However, in ad hoc arbitration parties have also the opportunity to refer to arbitration…
In practice, parties not always draft detailed arbitration clauses or even applicable…
It may be a good thing that the parties to avoid drafting detailed arbitration clauses…
However, this flexibility may not always have affirmative effects. There may be difficulties…
Moreover, the gaps and vagueness in the arbitration agreement and its reflection…
As last point, one can allege that ad hoc arbitration has a less expensive nature…
B. INSTITUTIONAL ARBITRATION
The choice of the parties to confer the organization of the arbitration process to…
In institutional arbitration the arbitration procedure is regulated under the arbitration…
There are many arbitration institutions and rules on domestic and international level…
Moreover, arbitration rules also find place in international agreement and conventions…
It is pertinent to note that these institutions are not judicial bodies with competent…
The institutional arbitration mechanism consists of three essential characteristics:…
(i) arbitration rules …
(ii) power and obligations of the arbitrators…
(iii) presence of an authority responsible for administration of the arbitration…
When parties select institutional arbitration, an arbitral institution provides the…
Institutional arbitration is preferred for the security and the services provided…
However there are also disadvantages attending the institutional approach such as:…
The choice of an institution for the administration of the arbitration procedures…
It should be noted here that in most of the cases, the relation between the arbitrator…
Finally to state, when speaking of international arbitration, it should not be limited…
When determining the applicable arbitration rule and institution in authority, parties…
IV. ARBITRATION AGREEMENT
A. IN GENERAL
The essential instrument of the arbitration is the arbitration clause or the arbitration…
The internationally recognized principal about the arbitration clause is that the…
IV. SONUÇ
VİYANA SATIM ANTLAŞMASI’NDA SÖZLEŞMEDEN DÖNME*
