Arbitration School

31.10.2018 - 26.06.2019

Marmara Üniversitesi Hukuk Fakültesi ve İstanbul Tahkim Merkezi

About Us

We are pleased to announce a series of panels named ‘’Arbitration School’’, having been organized as Marmara University Faculty of Law, Department of Private International Law and İstanbul Arbitration Centre (ISTAC).  Within the scope of this project, we will discuss different dimensions of arbitration by gathering together with arbitration practitioners from different levels of experience and academics, having legal studies about arbitration. 

’Arbitration School’’ is a project, consisting of panels, taking place once a month and is intended to continue regularly for four years. It is planned that each of the panels will be held under the project includes total five people as; a moderator, a young academician and practitioner and a senior academician and practitioner. In the panel, young academicians and young practitioners will make presentations on different and significant topics in arbitration; Senior academics and senior practitioners will review and evaluate the issues discussed by young colleagues in their presentations.

In addition, all presentations made during the year will be published in a book at the end of the each year. In this context, we started our project ‘’Arbitration School’’ in 2018-2019 term on October 31 with the panel on ‘’Arbitration Agreement: Basic Principles and the Preparation of Arbitration Agreement’’

Our second panel on "Interpretation of arbitration agreement (pathological and asymmetrical arbitration agreements)" took place on 28 November 2018, our third panel on "Written form requirement for arbitration agreements" took place on 26 December 2018, our fourth panel on "Arbitration agreements contained in the standard terms and their consequences" took place on 30 January 2019, our fifth panel on "Conclusion of arbitration agreements via agents" took place on 27 February 2019, our sixth panel on "Extension of arbitration agreements to third parties" took place on 27 March 2019, our seventh panel on "Kompetenz-Kompetenz and separability principle" took place on 24 April 2019 and our eighth panel on "Arbitrability" took place on 29 May 2019. 

We will be continuing our event with our ninth panel on 26 June 2019 and the panel will focus on "Multi-Tier arbitration agreements and Med-Arb". Our panels take place on the last Wednesday of the each month between 6:00 pm and 9:00 pm at Marmara University Faculty of Law.

Panel Poster

Program

  • 18:00 - 21:00

    Multi-Tier Arbitration Agreements and Med-Arb

    - Dr. Öğr. Üyesi Ayşe İpek Sarıöz Büyükalp (Bahçeşehir Üniversitesi Hukuk Fakültesi)

  • 18:00 - 21:00

    Multi-Tier Arbitration Agreements and Med-Arb

    - Av. Doğuhan Uygun (Paksoy Ortak Avukat Bürosu)

  • 18:00 - 21:00

    Multi-Tier Arbitration Agreements and Med-Arb

    - Doç. Dr. Hatice Selin Pürselim Arning (Marmara Üniversitesi Hukuk Fakültesi)

  • 18:00 - 21:00

    Multi-Tier Arbitration Agreements and Med-Arb

    - Av. Arb. Dilek Yumrutaş (Doğa Hukuk Bürosu)

Reading Materials

Participants, who would like to prepare before our seventh panel, can read the following texts that are recommended by the speakers:

1. Nuray Ekşi, Tahkim Öncesi Uyuşmazlık Çözüm Usulleri ve Bu Usuller Tüketilmeden Tahkime Başvurulmasının Sonuçları, İstanbul, 2015.

2. Didem Kayalı, Enforceability of Multi-Tiered Dispute Resolution Clauses , Journal of International Arbitration, Kluwer Law International 2010, Volume 27, Issue 6, pp. 551 – 577. 

3. Gary Born / Marija Scekic, Pre-Arbitration Procedural Requirements: 'A Dismal Swamp' published in Practising Virtue – Inside International Arbitration (Oxford University Press), 2015. 

4. Mustafa Serdar Özbek, Arabuluculuk ile Tahkim Yöntemlerinin Kesilme Bölgesi: Arabuluculuk-Tahkim, Yargıtay Dergisi, Ocak 2017, Cilt: 43, Sayı: 1.

Subjects

1st YEAR (October 2018-June 2019)
1- Arbitration Agreement: Basic Principles and the Preparation of Arbitration Agreement 2- Interpretation of Arbitration Agreement (Pathological and Asymmetrical Arbitration Agreements) 3- Written Form Requirement for Arbitration Agreements 4- Arbitration Agreements Contained in the Standard Terms and Their Consequences 5- Conclusion of Arbitration Agreements via Agents 6- Extension of Arbitration Agreements to Third Parties 7- Kompetenz-Kompetenz and Separability Principles 8- Arbitrability 9- Multi-Tier Arbitration Agreements and Med-Arb
2nd YEAR (September 2019-June 2020)
1- Dispute Resolution Through Arbitration in Corporate Law 2- Dispute Resolution through Arbitration in Mergers and Acquisitions 3- Initiating Arbitration Process and Preparation of the First Statements (Demand for Arbitration and Respond to Demand of the initiating Party) 4- Notification in Arbitration Hearing Process 6- Representation by Foreign Lawyers in Arbitration Proceedings 7- Interim Measures of Protection in Arbitration 8- Emergency Arbitrator 9- Anti-Suit Injunction 10- Advance Payments for Arbitration Expenses and Costs of Arbitration 11- Providing Guarentee for Arbitration Costs (Security for Costs)
3rd YEAR (September 2020-June 2021)
1- Third Party Funding 2- The Independence and Impartiality of Arbitrators 3- Refusal of the Arbitrator 4- Liability of the Arbitrators 5- Multi-Party Arbitration 6- Consolidation of the Arbitration Proceedings 7- Parallel Trial in Arbitration 8- Preparation of Duty Certificate and Procedural Timesheet 9- Prohibition of Amendment and Extension of Claims and Defense in Arbitration 10- Evidences in Arbitration: The Role of the Witness and the Expert, Expert Examination and Exploration
4th YEAR (September 2021-June 2022)
1- Submission of Document in Arbitration 2- Trials in Arbitration 3- Violation of Rights of Defense in Arbitration 4- The Law Applicable to the Substance of the Dispute and Selection of Anational Rules of the Law 5- Dispute Resolution by Equity or Friendly Mediation 6- Directly Applicable Rules in Arbitration 7- Arbitration Time Limits 8- Reasons for Canceletion of Arbitrator's Decisions 9- Enforceability of the Decisions Cancelled in a Country Where the Decision Have Been Made 10- Barriers to Recognition and Enforcement 11- Application to the ECHR against Decisions of State Judiciary about Enforcement and Cancellation

Program Archive

The "Arbitration School" Panel Series organized in cooperation with Marmara University Law Faculty and Istanbul Arbitration Center (ISTAC) started on 31 October 2018 Wednesday with its first event.

Our event received a wide attendance as well as wide interest from the media. You may see below some of the news from the national media about the event:

1- https://www.cnnturk.com/turkiye/istac-baskani-finans-kongresinde-konustu-tahkim-okulu-egitimleri-basladi
2- http://www.gazetevatan.com/marmara-universitesi-ve-istac-tan-tahkim-okulu-1214874-gundem/?fbclid=IwA...
3- http://www.hurriyet.com.tr/ekonomi/marmara-universitesi-ve-istactan-tahkim-okulu-41005518?fbclid=IwA...
4- https://www.ntv.com.tr/egitim/marmara-universitesi-ve-istactan-tahkim-okulu,-Y5Tfxga9k2GDvlp7a0kgw?f...

The posters for the previous panels may also be seen from the links below:

1- Arbitration Agreement: Basic Principles and the Preparation of Arbitration Agreement: https://istac.org.tr/wp-content/uploads/2018/10/ISTAC_31-Ekim-Poster-791x1024.jpg
2- Interpretation of Arbitration Agreements (Pathological and Asymmetrical Arbitration Agreements):
https://istac.org.tr/wp-content/uploads/2018/11/ISTAC_28-Kasim-Poster_V03-01-1-791x1024.jpg
3- Written Form Requirement for Arbitration Agreements: https://istac.org.tr/wp-content/uploads/2018/12/ISTAC_26_Aralik_Poster_V03-791x1024.jpg
4- Arbitration Agreements Contained in the Standard Terms and Their Consequences: https://istac.org.tr/wp-content/uploads/2019/01/ISTAC_Ocak-Poster_V02-01-791x1024.jpg
5- Conclusion of Arbitration Agreement via Agents: https://istac.org.tr/wp-content/uploads/2019/02/ISTAC_Subat-Poster_V01-791x1024.jpg
6- Extension of Arbitration Agreement to the Third Parties: https://istac.org.tr/wp-content/uploads/2019/03/ISTAC_Mart-Poster_V01-791x1024.jpg
7- Kompetenz-Kompetenz and Separability Principle: https://scontent.fsaw1-9.fna.fbcdn.net/v/t1.0-9/58460514_601158947034042_6189772103806353408_n.jpg?_nc_cat=110&_nc_ht=scontent.fsaw1-9.fna&oh=07b6c41fbc7bea4744416927f6f9f7dd&oe=5D97CCDB
8- Arbitrability: https://scontent.fbtz1-10.fna.fbcdn.net/v/t1.0-9/59837876_611373626012574_6864366072775049216_n.jpg?_nc_cat=110&_nc_ht=scontent.fbtz1-10.fna&oh=f309af7806a4548cd411d2ea8449d69b&oe=5D606BA2

Participation

We are pleased with the contribution of our young colleagues who are eager to present one of the issues mentioned above and also experienced colleagues who want to contribute as commentator. However, we would like to emphasize that there will be presentations on the subjects limited to the topics mentioned above.

For participating in the program, it is kindly requested you to send an e-mail to tahkimokulu@gmail.com, including following information;
a. Your current resume (CV)
b. Information about which subject(s) you want to present (you can select topics up to 3 subjects, you can order them from 1 to 3 as per your request)
c. please write points you are going to discuss on the selected topic up to 250 words.

On this matter, the administrators of the institution where our young colleagues work can also make suggestions. 

For participating as negotiators / commentators, it is kindly requested you to send an e-mail to tahkimokulu@gmail.com, which includes following matters;
a. Your current resume (CV)
b. Please write, in which subject(s) are you going to participate as negotiator or commentator.

Important Dates

  • 31.10.2018

    First Panel: Arbitration Agreement: Basic Principles and the Preparation of Arbitration Agreement

  • 28.11.2018

    Second Panel: Interpretation of Arbitration Agreements (Pathological and Asymmetrical Arbitration Agreements)

  • 26.12.2018

    Third Panel: Arbitration Agreements Contained in the Standard Terms and Their Consequences

  • 30.01.2019

    Fourth Panel: Written Form Requirement for Arbitration Agreements

  • 27.02.2019

    Fifth Panel: Conclusion of Arbitration Agreement via Agents

  • 27.03.2019

    Sixth Panel: Extension of Arbitration Agreement to the Third Parties

  • 24.04.2019

    Seventh Panel: Kompetenz-Kompetenz and Separability Principles

  • 29.05.2019

    Eighth Panel: Arbitrability

  • 26.06.2019

    Ninth Panel: Multi-Tier Arbitration Agreements and Med-Arb

Register

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Frequently Asked Questions

Contact

Marmara Üniversitesi Hukuk Fakültesi http://twitter.com/tahkimokulu

Contact : Doç. Dr. Mustafa Erkan