Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| ARBITRATION within the FRAME of HMK | - | Fall Semester | 3+0 | 3 | 7 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Elective |
| Course Coordinator | Prof.Dr. Müjgan TUNÇ YÜCEL |
| Name of Lecturer(s) | Prof.Dr. Müjgan TUNÇ YÜCEL |
| Assistant(s) | Research Assistant M. Ceren Erdem Research Assistant E. Hande Boztosun Bozkurt |
| Aim | In this course, it is aimed to examine the arbitration within the framework of the concept of arbitration and its legal nature, the characteristics of the arbitration proceedings and the principles that dominate this proceedings, and the quality of the decisions rendered as a result of the arbitration proceedings. |
| Course Content | This course contains; Arbitration Concept and Meaning,Subject of the Arbitration,Arbitrator Agreement,Arbitration Agreement,Effect of Arbitration Agreement,Selection of Arbitrators in Arbitration,Principles Governing Arbitration Proceedings,Filing a Litigation in Arbitration,Temporary legal protection measures in arbitration,Termination of arbitration proceedings,Arbitrator's Decisions,Legal Remedies Against Arbitral Decisions,Court assistance and supervision in arbitration proceedings,Litigation expenses in arbitration. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Defines the arbitration agreement. | 16, 9 | A, E |
| 2. Arbitration has advantages and disadvantages over other dispute resolution methods explains its disadvantages. | 10, 19, 9 | A, E |
| 3. Comparatively analyzes the procedure to be followed in arbitration proceedings. | 14, 19, 9 | A, E |
| 4. Lists the basic principles governing arbitration regulated in the HMK. | 16, 9 | A, E |
| 5. Discusses the issues that dominate arbitration proceedings. | 10, 19 | A, E |
| 6. Researches current judicial decisions regarding arbitration. | 14, 9 | A, E |
| Teaching Methods: | 10: Discussion Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Arbitration Concept and Meaning | Student reads the "Concept of Arbitration" section of the works in the resources section. |
| 2 | Subject of the Arbitration | Student reads the "Legal Nature and Subject Matter of Arbitration" section of the works in the resources section. |
| 3 | Arbitrator Agreement | Student reads the "Arbitrator Agreement" section from the works in the resources section. |
| 4 | Arbitration Agreement | The student reads the "Arbitration Agreement" section of the works in the resources section. |
| 5 | Effect of Arbitration Agreement | Student reads the "Effect of the Arbitration Agreement" section from the works in the resources section. |
| 6 | Selection of Arbitrators in Arbitration | Student reads the "Selection of Arbitrators in Arbitration Trials" section of the works in the resources section. |
| 7 | Principles Governing Arbitration Proceedings | Student reads the "Prevailing Principles in Arbitration Trial" section from the works in the resources section. |
| 8 | Filing a Litigation in Arbitration | Student reads the "Filing a Lawsuit in Arbitration Trial" section from the works in the resources section. |
| 9 | Temporary legal protection measures in arbitration | Student reads the "Interim Legal Protections in Arbitration" section of the works in the resources section. |
| 10 | Termination of arbitration proceedings | Student reads the "Ending of the Arbitration Trial" section from the works in the resources section. |
| 11 | Arbitrator's Decisions | Student reads the "Referee Decisions" section from the works in the resources section. |
| 12 | Legal Remedies Against Arbitral Decisions | Student reads the "Legal Remedies Against Arbitrator Decisions" section from the works in the resources section. |
| 13 | Court assistance and supervision in arbitration proceedings | Student reads the "Assistance of the Court in Arbitration Trials" section of the works in the resources section. |
| 14 | Litigation expenses in arbitration | Student reads the "Trial Expenses in Arbitration" section of the works in the resources section. |
| Resources |
| Müjgan TUNÇ YÜCEL, Tahkimde İhtiyati Tedbir ve Delil Tespiti, 2013.. Baki Kuru, Medeni Usul Hukuku El Kitabı(2 Cilt), 2. Baskı, 2021. Pekcanıtez Usul, Medeni Usul Hukuku (3 Cilt), 2017. |
| Nuray Ekşi, Hukuk Muhakemeleri Kanunu'nda Tahkim, 2013. Fatih Aydemir, Türk Hukukunda Tahkim Sözleşmesi, 2017. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | In light of the current developments in the field of private law, have knowledge about the main sources, legislation and jurisprudence which related to the private law. | X | |||||
| 2 | With understanding relationships among concept, institution and method that related to disciplines of private law, establish a connection between them. | X | |||||
| 3 | Reach scientific knowledge in the field of private law, evaluate, and use this information to solve legal problems. | X | |||||
| 4 | Implement the idea about individual and social problems of private law and in the light of current developments find resolutions. | X | |||||
| 5 | Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | Carry out an independent study which needs expertise in the field of private law and its sub-disciplines. | X | |||||
| 7 | Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of private law and its sub-disciplines. | X | |||||
| 8 | Critically evaluate acquired knowledge and skills in the field of private law and its sub-disciplines. | X | |||||
| 9 | Develop a positive attitude towards lifelong learning and convert it to behavior. | X | |||||
| 10 | Mean acquired knowledge in the field of private law and current developments about legal theory and practice to all groups systematically in written or oral form. | X | |||||
| 11 | Critically question concepts and institutions of law, settled practice of law and norms and when necessary develop and attempt to change them. | X | |||||
| 12 | Use software which in the level required by the field of law and information and communication technologies in the advanced level. | X | |||||
| 13 | Take into consideration and internalize social, scientific and ethical values in the process of gathering, processing and evaluating information about field of private law and its sub-disciplines. | X | |||||
| 14 | With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 50 | |
| Rate of Final Exam to Success | 50 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 3 | 42 | |||
| Guided Problem Solving | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 1 | 50 | 50 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 35 | 35 | |||
| General Exam | 1 | 70 | 70 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 197 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(197/30) | 7 | |||||
| ECTS of the course: 30 hours of work is counted as 1 ECTS credit. | ||||||
Detail Informations of the Course
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| ARBITRATION within the FRAME of HMK | - | Fall Semester | 3+0 | 3 | 7 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Elective |
| Course Coordinator | Prof.Dr. Müjgan TUNÇ YÜCEL |
| Name of Lecturer(s) | Prof.Dr. Müjgan TUNÇ YÜCEL |
| Assistant(s) | Research Assistant M. Ceren Erdem Research Assistant E. Hande Boztosun Bozkurt |
| Aim | In this course, it is aimed to examine the arbitration within the framework of the concept of arbitration and its legal nature, the characteristics of the arbitration proceedings and the principles that dominate this proceedings, and the quality of the decisions rendered as a result of the arbitration proceedings. |
| Course Content | This course contains; Arbitration Concept and Meaning,Subject of the Arbitration,Arbitrator Agreement,Arbitration Agreement,Effect of Arbitration Agreement,Selection of Arbitrators in Arbitration,Principles Governing Arbitration Proceedings,Filing a Litigation in Arbitration,Temporary legal protection measures in arbitration,Termination of arbitration proceedings,Arbitrator's Decisions,Legal Remedies Against Arbitral Decisions,Court assistance and supervision in arbitration proceedings,Litigation expenses in arbitration. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Defines the arbitration agreement. | 16, 9 | A, E |
| 2. Arbitration has advantages and disadvantages over other dispute resolution methods explains its disadvantages. | 10, 19, 9 | A, E |
| 3. Comparatively analyzes the procedure to be followed in arbitration proceedings. | 14, 19, 9 | A, E |
| 4. Lists the basic principles governing arbitration regulated in the HMK. | 16, 9 | A, E |
| 5. Discusses the issues that dominate arbitration proceedings. | 10, 19 | A, E |
| 6. Researches current judicial decisions regarding arbitration. | 14, 9 | A, E |
| Teaching Methods: | 10: Discussion Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Arbitration Concept and Meaning | Student reads the "Concept of Arbitration" section of the works in the resources section. |
| 2 | Subject of the Arbitration | Student reads the "Legal Nature and Subject Matter of Arbitration" section of the works in the resources section. |
| 3 | Arbitrator Agreement | Student reads the "Arbitrator Agreement" section from the works in the resources section. |
| 4 | Arbitration Agreement | The student reads the "Arbitration Agreement" section of the works in the resources section. |
| 5 | Effect of Arbitration Agreement | Student reads the "Effect of the Arbitration Agreement" section from the works in the resources section. |
| 6 | Selection of Arbitrators in Arbitration | Student reads the "Selection of Arbitrators in Arbitration Trials" section of the works in the resources section. |
| 7 | Principles Governing Arbitration Proceedings | Student reads the "Prevailing Principles in Arbitration Trial" section from the works in the resources section. |
| 8 | Filing a Litigation in Arbitration | Student reads the "Filing a Lawsuit in Arbitration Trial" section from the works in the resources section. |
| 9 | Temporary legal protection measures in arbitration | Student reads the "Interim Legal Protections in Arbitration" section of the works in the resources section. |
| 10 | Termination of arbitration proceedings | Student reads the "Ending of the Arbitration Trial" section from the works in the resources section. |
| 11 | Arbitrator's Decisions | Student reads the "Referee Decisions" section from the works in the resources section. |
| 12 | Legal Remedies Against Arbitral Decisions | Student reads the "Legal Remedies Against Arbitrator Decisions" section from the works in the resources section. |
| 13 | Court assistance and supervision in arbitration proceedings | Student reads the "Assistance of the Court in Arbitration Trials" section of the works in the resources section. |
| 14 | Litigation expenses in arbitration | Student reads the "Trial Expenses in Arbitration" section of the works in the resources section. |
| Resources |
| Müjgan TUNÇ YÜCEL, Tahkimde İhtiyati Tedbir ve Delil Tespiti, 2013.. Baki Kuru, Medeni Usul Hukuku El Kitabı(2 Cilt), 2. Baskı, 2021. Pekcanıtez Usul, Medeni Usul Hukuku (3 Cilt), 2017. |
| Nuray Ekşi, Hukuk Muhakemeleri Kanunu'nda Tahkim, 2013. Fatih Aydemir, Türk Hukukunda Tahkim Sözleşmesi, 2017. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | In light of the current developments in the field of private law, have knowledge about the main sources, legislation and jurisprudence which related to the private law. | X | |||||
| 2 | With understanding relationships among concept, institution and method that related to disciplines of private law, establish a connection between them. | X | |||||
| 3 | Reach scientific knowledge in the field of private law, evaluate, and use this information to solve legal problems. | X | |||||
| 4 | Implement the idea about individual and social problems of private law and in the light of current developments find resolutions. | X | |||||
| 5 | Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | Carry out an independent study which needs expertise in the field of private law and its sub-disciplines. | X | |||||
| 7 | Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of private law and its sub-disciplines. | X | |||||
| 8 | Critically evaluate acquired knowledge and skills in the field of private law and its sub-disciplines. | X | |||||
| 9 | Develop a positive attitude towards lifelong learning and convert it to behavior. | X | |||||
| 10 | Mean acquired knowledge in the field of private law and current developments about legal theory and practice to all groups systematically in written or oral form. | X | |||||
| 11 | Critically question concepts and institutions of law, settled practice of law and norms and when necessary develop and attempt to change them. | X | |||||
| 12 | Use software which in the level required by the field of law and information and communication technologies in the advanced level. | X | |||||
| 13 | Take into consideration and internalize social, scientific and ethical values in the process of gathering, processing and evaluating information about field of private law and its sub-disciplines. | X | |||||
| 14 | With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 50 | |
| Rate of Final Exam to Success | 50 | |
| Total | 100 | |