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Course Description

CourseCodeSemesterT+P (Hour)CreditECTS
ARBITRATION RESOLUTIONS ARISE from INTERNATIONAL INVESTMENT AGREEMENTS -Spring Semester3+037
Course Program
Prerequisites Courses
Recommended Elective Courses
Language of CourseTurkish
Course LevelThird Cycle (Doctorate Degree)
Course TypeElective
Course Coordinator
Name of Lecturer(s)
Assistant(s)
AimThe 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 ContentThis 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 KazanımlarıTeaching MethodsAssessment Methods
At the end of this programme, a student;10, 14, 9E
1. Will be able to examine and tell the concept of arbitration.9
1.1. Defines the international arbitration.10, 16, 9
1.2. Explains the character of arbitrament.9
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, 9E
2.1. Demostrates the differences between The Code of International Arbitration and The Code of Procedure.14, 9E
2.2. Describes Legal Procedure of international arbitration.14E
2.3. Interprets supreme court decisions on international arbitration9
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, 9E
3.3. Examines recognition and enforcement of international arbitration awards and the applies it on resolution conflict.14, 9E
Teaching Methods:10: Discussion Method, 14: Self Study Method, 16: Question - Answer Technique, 9: Lecture Method
Assessment Methods:E: Homework

Course Outline

OrderSubjectsPreliminary Work
1International Arbitration and awards; basic foundations.
2 Differences between national and international arbitration.
3Validity of arbitration agreement and convenience of agreements.
4 Code of International Arbitration no: 4686
5Choice of arbitrators and establishment of arbitration tribunal.
6Designation of legal procedure of international arbitration.
7 Determination of governing law
8Arbitrational awards; appeal of the awards: action for rescission
9Recognition and enforcement of international arbitration awards
10Arrangements at bilateral investment agreement.
11Ad hoc and constitutional arbitration.
12State and private judiciary; Constitutional Problems
13 Impartiality and independency of arbitrators.
14Sovereignty problem at arbitration judgment
Resources
Ziya Akıncı; Milletlerarası Tahkim. Seçkin yayınları, Ankara. Turgut Kalpsüz; Milletlerarası Tahkim. Ankara.

Course Contribution to Program Qualifications

Course Contribution to Program Qualifications
NoProgram QualificationContribution Level
12345
1
PY1) In light of the current developments in the field of private law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the private law.
X
2
PY2) With understanding relationships among concept, institution and method that related to disciplines of private law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas.
X
3
PY3) Evaluate and use new information within the private law in a systematic approach
X
4
PY4) Evaluate innovative aproach an already known knowledge about private law or research and implement an original subject.
X
5
PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law.
X
6
PY6) Evaluate innovative aproach an already known knowledge about private law or carry out an independent study which needs expertise in the field of public law and its sub-disciplines.
X
7
PY7) 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
PY8) Develop new ideas and methods in the field of private law by using high level mental processes such as creative and critical thinking, problem solving and decision making.
X
9
PY9) Defend original views when exchanging ideas in the field of private law and itssub-disciplines with professionals and communicate effectively by showing competence in the field.
X
10
PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level.
X
11
PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law.
X
12
PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them.
X
13
PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values.
X

Assessment Methods

Contribution LevelAbsolute Evaluation
Rate of Midterm Exam to Success 50
Rate of Final Exam to Success 50
Total 100
ECTS / Workload Table
ActivitiesNumber ofDuration(Hour)Total Workload(Hour)
Course Hours14342
Guided Problem Solving6636
Resolution of Homework Problems and Submission as a Report14342
Term Project12020
Presentation of Project / Seminar12020
Quiz000
Midterm Exam12727
General Exam14343
Performance Task, Maintenance Plan000
Total Workload(Hour)230
Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(230/30)8
ECTS of the course: 30 hours of work is counted as 1 ECTS credit.

Detail Informations of the Course

Course Description

CourseCodeSemesterT+P (Hour)CreditECTS
ARBITRATION RESOLUTIONS ARISE from INTERNATIONAL INVESTMENT AGREEMENTS -Spring Semester3+037
Course Program
Prerequisites Courses
Recommended Elective Courses
Language of CourseTurkish
Course LevelThird Cycle (Doctorate Degree)
Course TypeElective
Course Coordinator
Name of Lecturer(s)
Assistant(s)
AimThe 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 ContentThis 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 KazanımlarıTeaching MethodsAssessment Methods
At the end of this programme, a student;10, 14, 9E
1. Will be able to examine and tell the concept of arbitration.9
1.1. Defines the international arbitration.10, 16, 9
1.2. Explains the character of arbitrament.9
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, 9E
2.1. Demostrates the differences between The Code of International Arbitration and The Code of Procedure.14, 9E
2.2. Describes Legal Procedure of international arbitration.14E
2.3. Interprets supreme court decisions on international arbitration9
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, 9E
3.3. Examines recognition and enforcement of international arbitration awards and the applies it on resolution conflict.14, 9E
Teaching Methods:10: Discussion Method, 14: Self Study Method, 16: Question - Answer Technique, 9: Lecture Method
Assessment Methods:E: Homework

Course Outline

OrderSubjectsPreliminary Work
1International Arbitration and awards; basic foundations.
2 Differences between national and international arbitration.
3Validity of arbitration agreement and convenience of agreements.
4 Code of International Arbitration no: 4686
5Choice of arbitrators and establishment of arbitration tribunal.
6Designation of legal procedure of international arbitration.
7 Determination of governing law
8Arbitrational awards; appeal of the awards: action for rescission
9Recognition and enforcement of international arbitration awards
10Arrangements at bilateral investment agreement.
11Ad hoc and constitutional arbitration.
12State and private judiciary; Constitutional Problems
13 Impartiality and independency of arbitrators.
14Sovereignty problem at arbitration judgment
Resources
Ziya Akıncı; Milletlerarası Tahkim. Seçkin yayınları, Ankara. Turgut Kalpsüz; Milletlerarası Tahkim. Ankara.

Course Contribution to Program Qualifications

Course Contribution to Program Qualifications
NoProgram QualificationContribution Level
12345
1
PY1) In light of the current developments in the field of private law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the private law.
X
2
PY2) With understanding relationships among concept, institution and method that related to disciplines of private law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas.
X
3
PY3) Evaluate and use new information within the private law in a systematic approach
X
4
PY4) Evaluate innovative aproach an already known knowledge about private law or research and implement an original subject.
X
5
PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law.
X
6
PY6) Evaluate innovative aproach an already known knowledge about private law or carry out an independent study which needs expertise in the field of public law and its sub-disciplines.
X
7
PY7) 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
PY8) Develop new ideas and methods in the field of private law by using high level mental processes such as creative and critical thinking, problem solving and decision making.
X
9
PY9) Defend original views when exchanging ideas in the field of private law and itssub-disciplines with professionals and communicate effectively by showing competence in the field.
X
10
PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level.
X
11
PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law.
X
12
PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them.
X
13
PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values.
X

Assessment Methods

Contribution LevelAbsolute Evaluation
Rate of Midterm Exam to Success 50
Rate of Final Exam to Success 50
Total 100

Numerical Data

Student Success

Ekleme Tarihi: 03/01/2024 - 13:57Son Güncelleme Tarihi: 03/01/2024 - 14:02