Course Description
Course | Code | Semester | T+P (Hour) | Credit | ECTS |
---|---|---|---|---|---|
ALTERNATIVE DISPUTE RESOLUTION in TURKISH and INTERNATIONAL LAW | - | Spring Semester | 3+0 | 3 | 7 |
Course Program |
Prerequisites Courses | |
Recommended Elective Courses |
Language of Course | Turkish |
Course Level | Second Cycle (Master's Degree) |
Course Type | Elective |
Course Coordinator | Assist.Prof. Sinan SEÇKİN |
Name of Lecturer(s) | Assist.Prof. Zeynep Feyza EKER AYHAN |
Assistant(s) | Research Assistant Merve İLDAN, Research Assistant Yağmur ASLAN |
Aim | The aim of this course is to compare out-of-court dispute resolution methods in Turkish law and international law and to learn the features and functioning of each of these methods. |
Course Content | This course contains; The Concept of Alternative Dispute Resolution (ADR) Its History and Advantages of Alternative Dispute Resolution Methods,Main Methods of ADR, Negotiation as an ADR Method,Principles of Negotiation, Different Approaches to Negotiation, Phases of Negotiation, Bargaining Models in Mediation,Mediation, History of Mediation, Main Features of Mediation- Advantages of Mediation, Mediation: Always the Best Option?, Mediation and other Methods of ADR, Mediation Strategies,Mediation in EU, US and some Other Legal Systems, UNCITRAL Conciliation Rules, ICC Rules on Mediation, ICSID Rules on Mediation,Mediation and Private International Law, Mediation Contract, Law to be Applied to Mediation Contract, Mediator Contract, Law to be Applied to Mediator Contract, Enforcement of Mediation Agreement,Mediation in Turkey, Legal Background and Legal Basis of Mediaton in Turkey, Core Principles of Turkish Mediation Law, Conduct and Termination of Mediation according to Turkish Mediation Law,Mandatory Mediation in Turkey, Peculiarities of Mandatory Mediation System, Mandatory Mediation of Commercial Disputes, Mandatory Mediation of Labor Disputes,Singapore Convention on Mediation, Provisions and Effects of Singapore Convention,Definition, characteristics, types and advantages of arbitration, examination of international arbitration, sources of international arbitration,Arbitration Agreement and the Law Applicable to that Agreement, Separability of Arbitration Agreement,Content and Preparation of the Request for Arbitration, Constitution of the Arbitral Tribunal, the Initial Phases of Arbitration and Preparation of the Terms of Reference and Procedural Timetable,Jurisdiction of the Arbitral Tribunal and Its Limits and Provisional Measures in International Arbitration,Recognition and Enforcement of the Arbitral Award and in that Regard the New York Convention, and Requirements for Enforcement and Grounds for Refusal of Enforcement Regulated Thereupon. |
Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
Explains the concept of alternative dispute resolution method in Turkish law and international law and the differences and similarities of these resolution methods. | 10, 16, 9 | A, E |
Analyzes the concept of mediation and the advantages and disadvantages of the mediation method. | 10, 16, 9 | A, E |
Discusses the provisions of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention on Mediation"), which entered into force in Turkey on April 11, 2022. | 10, 16, 9 | A, E |
Evaluates the concept of conciliation as one of the alternative resolution methods and the difference between this concept and other dispute resolution methods. | 10, 16, 9 | A, E |
Distinguishes the concept of international arbitration and the advantages and disadvantages of international arbitration compared to other dispute resolution methods. | 10, 16, 9 | A, E |
Clarifies the impact of lex arbitri on arbitration proceedings. | 10, 16, 9 | A, E |
Lists the legal remedies that can be used against arbitral decisions in arbitration proceedings. | 10, 16, 9 | A, E |
Determines the conditions for the recognition and enforcement of foreign arbitral awards within the framework of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) and the provisions of Turkish Code of Private International and Procedural Law | 10, 16, 9 | A, E |
Teaching Methods: | 10: Discussion Method, 16: Question - Answer Technique, 9: Lecture Method |
Assessment Methods: | A: Traditional Written Exam, E: Homework |
Course Outline
Order | Subjects | Preliminary Work |
---|---|---|
1 | The Concept of Alternative Dispute Resolution (ADR) Its History and Advantages of Alternative Dispute Resolution Methods | Reading the related chapter regarding the concept of alternative dispute resolution (ADR) its history and advantages of alternative dispute resolution methods |
2 | Main Methods of ADR, Negotiation as an ADR Method | Reading the related chapter regarding main methods of ADR, negotiation as an ADR method |
3 | Principles of Negotiation, Different Approaches to Negotiation, Phases of Negotiation, Bargaining Models in Mediation | Reading the related chapter regarding principles of negotiation, different approaches to negotiation, phases of negotiation, bargaining models in mediation |
4 | Mediation, History of Mediation, Main Features of Mediation- Advantages of Mediation, Mediation: Always the Best Option?, Mediation and other Methods of ADR, Mediation Strategies | Reading the related chapter regarding mediation, history of mediation, main features of mediation- advantages of mediation, mediation: always the best option?, mediation and other methods of adr, mediation strategies |
5 | Mediation in EU, US and some Other Legal Systems, UNCITRAL Conciliation Rules, ICC Rules on Mediation, ICSID Rules on Mediation | Reading the related chapter regarding Mediation in EU, US and some other legal systems, UNCITRAL Conciliation Rules, ICC Rules on Mediation, ICSID Rules on Mediation |
6 | Mediation and Private International Law, Mediation Contract, Law to be Applied to Mediation Contract, Mediator Contract, Law to be Applied to Mediator Contract, Enforcement of Mediation Agreement | Reading the related chapter regarding mediation and private ınternational law, mediation contract, law to be applied to mediation contract, mediator contract, law to be applied to mediator contract, enforcement of mediation agreement |
7 | Mediation in Turkey, Legal Background and Legal Basis of Mediaton in Turkey, Core Principles of Turkish Mediation Law, Conduct and Termination of Mediation according to Turkish Mediation Law | Reading the related chapter regarding mediation in Turkey, legal background and legal basis of mediaton in Turkey, core principles of Turkish mediation law, conduct and termination of mediation according to Turkish mediation law |
8 | Mandatory Mediation in Turkey, Peculiarities of Mandatory Mediation System, Mandatory Mediation of Commercial Disputes, Mandatory Mediation of Labor Disputes | Reading the related chapter regarding mandatory mediation in Turkey, peculiarities of mandatory mediation system, mandatory mediation of commercial disputes, mandatory mediation of labor disputes |
9 | Singapore Convention on Mediation, Provisions and Effects of Singapore Convention | Reading the related chapter regarding Singapore Convention on mediation, provisions and effects of Singapore Convention |
10 | Definition, characteristics, types and advantages of arbitration, examination of international arbitration, sources of international arbitration | Reading the related chapter regarding definition, characteristics, types and advantages of arbitration, examination of international arbitration, sources of international arbitration |
11 | Arbitration Agreement and the Law Applicable to that Agreement, Separability of Arbitration Agreement | Reading the related chapter regarding arbitration agreement and the law applicable to that agreement, separability of arbitration agreement |
12 | Content and Preparation of the Request for Arbitration, Constitution of the Arbitral Tribunal, the Initial Phases of Arbitration and Preparation of the Terms of Reference and Procedural Timetable | Reading the related chapter regarding content and preparation of the request for arbitration, constitution of the arbitral tribunal, the initial phases of arbitration and preparation of the terms of reference and procedural timetable |
13 | Jurisdiction of the Arbitral Tribunal and Its Limits and Provisional Measures in International Arbitration | Reading the related chapter regarding jurisdiction of the arbitral tribunal and its limits and provisional measures in international arbitration |
14 | Recognition and Enforcement of the Arbitral Award and in that Regard the New York Convention, and Requirements for Enforcement and Grounds for Refusal of Enforcement Regulated Thereupon | Reading the related chapter regarding recognition and enforcement of the arbitral award and in that regard the New York Convention, and requirements for enforcement and grounds for refusal of enforcement regulated thereupon |
Resources |
Ziya Akıncı, Milletlerarası Tahkim, 6th Edition, Vedat Kitapçılık, İstanbul 2021. |
Cemal Şanlı, Uluslararası Ticari Akitlerin Hazırlanması ve Uyuşmazlıkların Çözüm Yolları, 7th Edition, İstanbul 2019 |
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. | ||||||
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 | |||
Course Hours | 0 | 0 | 0 | |||
Course Hours | 0 | 0 | 0 | |||
Course Hours | 0 | 0 | 0 | |||
Course Hours | 0 | 0 | 0 | |||
Course Hours | 0 | 0 | 0 | |||
Guided Problem Solving | 0 | 0 | 0 | |||
Guided Problem Solving | 0 | 0 | 0 | |||
Guided Problem Solving | 0 | 0 | 0 | |||
Guided Problem Solving | 0 | 0 | 0 | |||
Guided Problem Solving | 0 | 0 | 0 | |||
Guided Problem Solving | 0 | 0 | 0 | |||
Guided Problem Solving | 0 | 0 | 0 | |||
Resolution of Homework Problems and Submission as a Report | 0 | 0 | 0 | |||
Resolution of Homework Problems and Submission as a Report | 0 | 0 | 0 | |||
Resolution of Homework Problems and Submission as a Report | 0 | 0 | 0 | |||
Resolution of Homework Problems and Submission as a Report | 1 | 80 | 80 | |||
Resolution of Homework Problems and Submission as a Report | 0 | 0 | 0 | |||
Term Project | 0 | 0 | 0 | |||
Term Project | 0 | 0 | 0 | |||
Term Project | 0 | 0 | 0 | |||
Term Project | 0 | 0 | 0 | |||
Term Project | 0 | 0 | 0 | |||
Term Project | 0 | 0 | 0 | |||
Term Project | 0 | 0 | 0 | |||
Term Project | 0 | 0 | 0 | |||
Presentation of Project / Seminar | 0 | 0 | 0 | |||
Presentation of Project / Seminar | 0 | 0 | 0 | |||
Presentation of Project / Seminar | 0 | 0 | 0 | |||
Presentation of Project / Seminar | 0 | 0 | 0 | |||
Presentation of Project / Seminar | 0 | 0 | 0 | |||
Presentation of Project / Seminar | 0 | 0 | 0 | |||
Presentation of Project / Seminar | 0 | 0 | 0 | |||
Presentation of Project / Seminar | 0 | 0 | 0 | |||
Quiz | 0 | 0 | 0 | |||
Quiz | 0 | 0 | 0 | |||
Quiz | 0 | 0 | 0 | |||
Quiz | 0 | 0 | 0 | |||
Quiz | 0 | 0 | 0 | |||
Midterm Exam | 1 | 30 | 30 | |||
Midterm Exam | 0 | 0 | 0 | |||
Midterm Exam | 0 | 0 | 0 | |||
Midterm Exam | 0 | 0 | 0 | |||
Midterm Exam | 0 | 0 | 0 | |||
General Exam | 0 | 0 | 0 | |||
General Exam | 0 | 0 | 0 | |||
General Exam | 0 | 0 | 0 | |||
General Exam | 0 | 0 | 0 | |||
General Exam | 1 | 70 | 70 | |||
Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
Total Workload(Hour) | 222 | |||||
Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(222/30) | 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 |
---|---|---|---|---|---|
ALTERNATIVE DISPUTE RESOLUTION in TURKISH and INTERNATIONAL LAW | - | Spring Semester | 3+0 | 3 | 7 |
Course Program |
Prerequisites Courses | |
Recommended Elective Courses |
Language of Course | Turkish |
Course Level | Second Cycle (Master's Degree) |
Course Type | Elective |
Course Coordinator | Assist.Prof. Sinan SEÇKİN |
Name of Lecturer(s) | Assist.Prof. Zeynep Feyza EKER AYHAN |
Assistant(s) | Research Assistant Merve İLDAN, Research Assistant Yağmur ASLAN |
Aim | The aim of this course is to compare out-of-court dispute resolution methods in Turkish law and international law and to learn the features and functioning of each of these methods. |
Course Content | This course contains; The Concept of Alternative Dispute Resolution (ADR) Its History and Advantages of Alternative Dispute Resolution Methods,Main Methods of ADR, Negotiation as an ADR Method,Principles of Negotiation, Different Approaches to Negotiation, Phases of Negotiation, Bargaining Models in Mediation,Mediation, History of Mediation, Main Features of Mediation- Advantages of Mediation, Mediation: Always the Best Option?, Mediation and other Methods of ADR, Mediation Strategies,Mediation in EU, US and some Other Legal Systems, UNCITRAL Conciliation Rules, ICC Rules on Mediation, ICSID Rules on Mediation,Mediation and Private International Law, Mediation Contract, Law to be Applied to Mediation Contract, Mediator Contract, Law to be Applied to Mediator Contract, Enforcement of Mediation Agreement,Mediation in Turkey, Legal Background and Legal Basis of Mediaton in Turkey, Core Principles of Turkish Mediation Law, Conduct and Termination of Mediation according to Turkish Mediation Law,Mandatory Mediation in Turkey, Peculiarities of Mandatory Mediation System, Mandatory Mediation of Commercial Disputes, Mandatory Mediation of Labor Disputes,Singapore Convention on Mediation, Provisions and Effects of Singapore Convention,Definition, characteristics, types and advantages of arbitration, examination of international arbitration, sources of international arbitration,Arbitration Agreement and the Law Applicable to that Agreement, Separability of Arbitration Agreement,Content and Preparation of the Request for Arbitration, Constitution of the Arbitral Tribunal, the Initial Phases of Arbitration and Preparation of the Terms of Reference and Procedural Timetable,Jurisdiction of the Arbitral Tribunal and Its Limits and Provisional Measures in International Arbitration,Recognition and Enforcement of the Arbitral Award and in that Regard the New York Convention, and Requirements for Enforcement and Grounds for Refusal of Enforcement Regulated Thereupon. |
Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
Explains the concept of alternative dispute resolution method in Turkish law and international law and the differences and similarities of these resolution methods. | 10, 16, 9 | A, E |
Analyzes the concept of mediation and the advantages and disadvantages of the mediation method. | 10, 16, 9 | A, E |
Discusses the provisions of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention on Mediation"), which entered into force in Turkey on April 11, 2022. | 10, 16, 9 | A, E |
Evaluates the concept of conciliation as one of the alternative resolution methods and the difference between this concept and other dispute resolution methods. | 10, 16, 9 | A, E |
Distinguishes the concept of international arbitration and the advantages and disadvantages of international arbitration compared to other dispute resolution methods. | 10, 16, 9 | A, E |
Clarifies the impact of lex arbitri on arbitration proceedings. | 10, 16, 9 | A, E |
Lists the legal remedies that can be used against arbitral decisions in arbitration proceedings. | 10, 16, 9 | A, E |
Determines the conditions for the recognition and enforcement of foreign arbitral awards within the framework of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) and the provisions of Turkish Code of Private International and Procedural Law | 10, 16, 9 | A, E |
Teaching Methods: | 10: Discussion Method, 16: Question - Answer Technique, 9: Lecture Method |
Assessment Methods: | A: Traditional Written Exam, E: Homework |
Course Outline
Order | Subjects | Preliminary Work |
---|---|---|
1 | The Concept of Alternative Dispute Resolution (ADR) Its History and Advantages of Alternative Dispute Resolution Methods | Reading the related chapter regarding the concept of alternative dispute resolution (ADR) its history and advantages of alternative dispute resolution methods |
2 | Main Methods of ADR, Negotiation as an ADR Method | Reading the related chapter regarding main methods of ADR, negotiation as an ADR method |
3 | Principles of Negotiation, Different Approaches to Negotiation, Phases of Negotiation, Bargaining Models in Mediation | Reading the related chapter regarding principles of negotiation, different approaches to negotiation, phases of negotiation, bargaining models in mediation |
4 | Mediation, History of Mediation, Main Features of Mediation- Advantages of Mediation, Mediation: Always the Best Option?, Mediation and other Methods of ADR, Mediation Strategies | Reading the related chapter regarding mediation, history of mediation, main features of mediation- advantages of mediation, mediation: always the best option?, mediation and other methods of adr, mediation strategies |
5 | Mediation in EU, US and some Other Legal Systems, UNCITRAL Conciliation Rules, ICC Rules on Mediation, ICSID Rules on Mediation | Reading the related chapter regarding Mediation in EU, US and some other legal systems, UNCITRAL Conciliation Rules, ICC Rules on Mediation, ICSID Rules on Mediation |
6 | Mediation and Private International Law, Mediation Contract, Law to be Applied to Mediation Contract, Mediator Contract, Law to be Applied to Mediator Contract, Enforcement of Mediation Agreement | Reading the related chapter regarding mediation and private ınternational law, mediation contract, law to be applied to mediation contract, mediator contract, law to be applied to mediator contract, enforcement of mediation agreement |
7 | Mediation in Turkey, Legal Background and Legal Basis of Mediaton in Turkey, Core Principles of Turkish Mediation Law, Conduct and Termination of Mediation according to Turkish Mediation Law | Reading the related chapter regarding mediation in Turkey, legal background and legal basis of mediaton in Turkey, core principles of Turkish mediation law, conduct and termination of mediation according to Turkish mediation law |
8 | Mandatory Mediation in Turkey, Peculiarities of Mandatory Mediation System, Mandatory Mediation of Commercial Disputes, Mandatory Mediation of Labor Disputes | Reading the related chapter regarding mandatory mediation in Turkey, peculiarities of mandatory mediation system, mandatory mediation of commercial disputes, mandatory mediation of labor disputes |
9 | Singapore Convention on Mediation, Provisions and Effects of Singapore Convention | Reading the related chapter regarding Singapore Convention on mediation, provisions and effects of Singapore Convention |
10 | Definition, characteristics, types and advantages of arbitration, examination of international arbitration, sources of international arbitration | Reading the related chapter regarding definition, characteristics, types and advantages of arbitration, examination of international arbitration, sources of international arbitration |
11 | Arbitration Agreement and the Law Applicable to that Agreement, Separability of Arbitration Agreement | Reading the related chapter regarding arbitration agreement and the law applicable to that agreement, separability of arbitration agreement |
12 | Content and Preparation of the Request for Arbitration, Constitution of the Arbitral Tribunal, the Initial Phases of Arbitration and Preparation of the Terms of Reference and Procedural Timetable | Reading the related chapter regarding content and preparation of the request for arbitration, constitution of the arbitral tribunal, the initial phases of arbitration and preparation of the terms of reference and procedural timetable |
13 | Jurisdiction of the Arbitral Tribunal and Its Limits and Provisional Measures in International Arbitration | Reading the related chapter regarding jurisdiction of the arbitral tribunal and its limits and provisional measures in international arbitration |
14 | Recognition and Enforcement of the Arbitral Award and in that Regard the New York Convention, and Requirements for Enforcement and Grounds for Refusal of Enforcement Regulated Thereupon | Reading the related chapter regarding recognition and enforcement of the arbitral award and in that regard the New York Convention, and requirements for enforcement and grounds for refusal of enforcement regulated thereupon |
Resources |
Ziya Akıncı, Milletlerarası Tahkim, 6th Edition, Vedat Kitapçılık, İstanbul 2021. |
Cemal Şanlı, Uluslararası Ticari Akitlerin Hazırlanması ve Uyuşmazlıkların Çözüm Yolları, 7th Edition, İstanbul 2019 |
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. | ||||||
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 |