The course objective is to provide detailed information on the Turkish International Arbitration Law system and to analyze international treaties related to international arbitration such as New York Convention and ICSID Convention.
Course Content
This course contains; International Arbitration and awards; basic foundations.,Differences between national and international arbitration.,Validity of arbitration agreement and convenience of agreements.,Code of International Arbitration no: 4686,Choice of arbitrators and establishment of arbitration tribunal.,Designation of legal procedure of international arbitration.,Determination of governing law,Arbitrational awards; appeal of the awards: action for rescission,Recognition and enforcement of international arbitration awards,Arrangements at bilateral investment agreement.,Ad hoc and constitutional arbitration.,State and private judiciary; Constitutional Problems,Impartiality and independency of arbitrators.,Sovereignty problem at arbitration judgment.
Dersin Öğrenme Kazanımları
Teaching Methods
Assessment Methods
At the end of this programme, a student;
10, 14, 16, 9
E
1. Will be able to examine and tell the concept of arbitration.
14, 16, 9
E
1.1. Defines the international arbitration.
14, 9
E
1.2. Explains the character of arbitrament.
14, 9
E
1.3. Lists the diffrences between domestic arbtiration and international arbitration.
9
2. Will be able to identify regulations and practice areas of national and international arbitration.
14, 9
E
2.1. Demostrates the differences between The Code of International Arbitration and The Code of Procedure.
14, 9
E
2.2. Describes Legal Procedure of international arbitration.
9
2.3. Interprets supreme court decisions on international arbitration
10, 16, 9
3. Will be able to appy the Execution of arbitraments.
9
3.1. Realizes of domestic arbitraments.
9
3.2. Realizes of recognition and enforcement of international arbitration awards.
14, 9
E
3.3. Examines recognition and enforcement of international arbitration awards and the applies it on resolution conflict.
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
Guided Problem Solving
6
6
36
Resolution of Homework Problems and Submission as a Report
14
3
42
Term Project
1
20
20
Presentation of Project / Seminar
1
20
20
Quiz
0
0
0
Midterm Exam
1
27
27
General Exam
1
48
48
Performance Task, Maintenance Plan
0
0
0
Total Workload(Hour)
235
Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(235/30)
8
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
INTERNATIONAL ARBITRATION
-
Fall Semester
3+0
3
8
Course Program
Prerequisites Courses
Recommended Elective Courses
Language of Course
Turkish
Course Level
Second Cycle (Master's Degree)
Course Type
Elective
Course Coordinator
Name of Lecturer(s)
Assistant(s)
Aim
The course objective is to provide detailed information on the Turkish International Arbitration Law system and to analyze international treaties related to international arbitration such as New York Convention and ICSID Convention.
Course Content
This course contains; International Arbitration and awards; basic foundations.,Differences between national and international arbitration.,Validity of arbitration agreement and convenience of agreements.,Code of International Arbitration no: 4686,Choice of arbitrators and establishment of arbitration tribunal.,Designation of legal procedure of international arbitration.,Determination of governing law,Arbitrational awards; appeal of the awards: action for rescission,Recognition and enforcement of international arbitration awards,Arrangements at bilateral investment agreement.,Ad hoc and constitutional arbitration.,State and private judiciary; Constitutional Problems,Impartiality and independency of arbitrators.,Sovereignty problem at arbitration judgment.
Dersin Öğrenme Kazanımları
Teaching Methods
Assessment Methods
At the end of this programme, a student;
10, 14, 16, 9
E
1. Will be able to examine and tell the concept of arbitration.
14, 16, 9
E
1.1. Defines the international arbitration.
14, 9
E
1.2. Explains the character of arbitrament.
14, 9
E
1.3. Lists the diffrences between domestic arbtiration and international arbitration.
9
2. Will be able to identify regulations and practice areas of national and international arbitration.
14, 9
E
2.1. Demostrates the differences between The Code of International Arbitration and The Code of Procedure.
14, 9
E
2.2. Describes Legal Procedure of international arbitration.
9
2.3. Interprets supreme court decisions on international arbitration
10, 16, 9
3. Will be able to appy the Execution of arbitraments.
9
3.1. Realizes of domestic arbitraments.
9
3.2. Realizes of recognition and enforcement of international arbitration awards.
14, 9
E
3.3. Examines recognition and enforcement of international arbitration awards and the applies it on resolution conflict.
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.