Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| INTERNATIONAL ARBITRATION | HUK4214744 | Spring Semester | 2+0 | 2 | 4 |
| Course Program | Salı 15:30-16:15 Salı 16:30-17:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | English |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Elective |
| Course Coordinator | Assist.Prof. Zeynep Feyza EKER AYHAN |
| Name of Lecturer(s) | Assist.Prof. Zeynep Feyza EKER AYHAN |
| Assistant(s) | Research Assistant Merve İLDAN, Research Assistant Yağmur ASLAN |
| Aim | The main aim of this course is to provide an overview of the concept, methods and conduct of international arbitration from an international perspective, while making references to the situation in Turkey. |
| Course Content | This course contains; The Concept of Arbitration, Defining Characteristics of International Arbitration,Types of Arbitration, Arbitration vs. other dispute resolution methods ,The Arbitration Agreement, Separability, Validity of the Arbitration Agreement,Drafting the Arbitration Agreement- Essentials and Additional Options,Parties to Arbitration Agreement ,Law Applicable to Arbitration in the Event of the Parties Making a Choice of Law,Law Applicable to Arbitration in the Event of the Parties Not Making a Choice of Law,Judicial Assistance For Arbitration,Establishment of the Arbitral Tribunal- Commencement of Arbitration, Selection and Appointment of the Arbitral Tribunal,Establishment of the Arbitral Tribunal- Replacement of and Challenge to the Arbitral Tribunal ,The Arbitral Proceedings,The Award,Challenges to the Award,Recognition and Enforcement of Foreign Arbitral Awards. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Explains the concept of international arbitration and learns about the advantages and disadvantages of international arbitration compared to other dispute resolution methods. | 10, 16, 9 | A |
| Enumerates the basic principles of international arbitration. | 10, 16, 9 | A |
| Compares the concepts of arbitration agreement and arbitrator agreement. | 16, 9 | A |
| Defines the terms of place of arbitration and lex arbitri. | 10, 16, 9 | A |
| Analyzes comparative procedural requirements of arbitral process. | 10, 16, 9 | A |
| Discusses the methods of recourse against arbitral awards. | 10, 16, 9 | A |
| Lists the concepts of recognition and enforcement of arbitral awards in accordance with the New York Convention and Turkish Code of Private International and Procedural Law | 10, 16, 9 | A |
| Teaching Methods: | 10: Discussion Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | The Concept of Arbitration, Defining Characteristics of International Arbitration | Readings from related academic resources |
| 2 | Types of Arbitration, Arbitration vs. other dispute resolution methods | Readings from related academic resources |
| 3 | The Arbitration Agreement, Separability, Validity of the Arbitration Agreement | Readings from related academic resources |
| 4 | Drafting the Arbitration Agreement- Essentials and Additional Options | Readings from related academic resources |
| 5 | Parties to Arbitration Agreement | Readings from related academic resources |
| 6 | Law Applicable to Arbitration in the Event of the Parties Making a Choice of Law | Readings from related academic resources |
| 7 | Law Applicable to Arbitration in the Event of the Parties Not Making a Choice of Law | Readings from related academic resources |
| 8 | Judicial Assistance For Arbitration | Readings from related academic resources |
| 9 | Establishment of the Arbitral Tribunal- Commencement of Arbitration, Selection and Appointment of the Arbitral Tribunal | Readings from related academic resources |
| 10 | Establishment of the Arbitral Tribunal- Replacement of and Challenge to the Arbitral Tribunal | Readings from related academic resources |
| 11 | The Arbitral Proceedings | Readings from related academic resources |
| 12 | The Award | Readings from related academic resources |
| 13 | Challenges to the Award | Readings from related academic resources |
| 14 | Recognition and Enforcement of Foreign Arbitral Awards | Readings from related academic resources |
| Resources |
| Prof. Dr. Ziya Akıncı- Milletlerarası Tahkim (6. Baskı), Vedat Kitapçılık, İstanbul 2021 Redfern and Hunter on International Arbitration, Oxford University Press; 7th edition, 2023 Prof. Dr. Cemal Şanlı, Uluslararası Ticari Akitlerin Hazırlanması ve Uyuşmazlıkların Çözüm Yolları (7. Baskı), Istanbul 2019. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | X | |||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | X | |||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | ||||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | X | |||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | X | |||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 2 | 28 | |||
| Guided Problem Solving | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 0 | 0 | 0 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 25 | 25 | |||
| General Exam | 1 | 55 | 55 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 108 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(108/30) | 4 | |||||
| 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 | HUK4214744 | Spring Semester | 2+0 | 2 | 4 |
| Course Program | Salı 15:30-16:15 Salı 16:30-17:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | English |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Elective |
| Course Coordinator | Assist.Prof. Zeynep Feyza EKER AYHAN |
| Name of Lecturer(s) | Assist.Prof. Zeynep Feyza EKER AYHAN |
| Assistant(s) | Research Assistant Merve İLDAN, Research Assistant Yağmur ASLAN |
| Aim | The main aim of this course is to provide an overview of the concept, methods and conduct of international arbitration from an international perspective, while making references to the situation in Turkey. |
| Course Content | This course contains; The Concept of Arbitration, Defining Characteristics of International Arbitration,Types of Arbitration, Arbitration vs. other dispute resolution methods ,The Arbitration Agreement, Separability, Validity of the Arbitration Agreement,Drafting the Arbitration Agreement- Essentials and Additional Options,Parties to Arbitration Agreement ,Law Applicable to Arbitration in the Event of the Parties Making a Choice of Law,Law Applicable to Arbitration in the Event of the Parties Not Making a Choice of Law,Judicial Assistance For Arbitration,Establishment of the Arbitral Tribunal- Commencement of Arbitration, Selection and Appointment of the Arbitral Tribunal,Establishment of the Arbitral Tribunal- Replacement of and Challenge to the Arbitral Tribunal ,The Arbitral Proceedings,The Award,Challenges to the Award,Recognition and Enforcement of Foreign Arbitral Awards. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Explains the concept of international arbitration and learns about the advantages and disadvantages of international arbitration compared to other dispute resolution methods. | 10, 16, 9 | A |
| Enumerates the basic principles of international arbitration. | 10, 16, 9 | A |
| Compares the concepts of arbitration agreement and arbitrator agreement. | 16, 9 | A |
| Defines the terms of place of arbitration and lex arbitri. | 10, 16, 9 | A |
| Analyzes comparative procedural requirements of arbitral process. | 10, 16, 9 | A |
| Discusses the methods of recourse against arbitral awards. | 10, 16, 9 | A |
| Lists the concepts of recognition and enforcement of arbitral awards in accordance with the New York Convention and Turkish Code of Private International and Procedural Law | 10, 16, 9 | A |
| Teaching Methods: | 10: Discussion Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | The Concept of Arbitration, Defining Characteristics of International Arbitration | Readings from related academic resources |
| 2 | Types of Arbitration, Arbitration vs. other dispute resolution methods | Readings from related academic resources |
| 3 | The Arbitration Agreement, Separability, Validity of the Arbitration Agreement | Readings from related academic resources |
| 4 | Drafting the Arbitration Agreement- Essentials and Additional Options | Readings from related academic resources |
| 5 | Parties to Arbitration Agreement | Readings from related academic resources |
| 6 | Law Applicable to Arbitration in the Event of the Parties Making a Choice of Law | Readings from related academic resources |
| 7 | Law Applicable to Arbitration in the Event of the Parties Not Making a Choice of Law | Readings from related academic resources |
| 8 | Judicial Assistance For Arbitration | Readings from related academic resources |
| 9 | Establishment of the Arbitral Tribunal- Commencement of Arbitration, Selection and Appointment of the Arbitral Tribunal | Readings from related academic resources |
| 10 | Establishment of the Arbitral Tribunal- Replacement of and Challenge to the Arbitral Tribunal | Readings from related academic resources |
| 11 | The Arbitral Proceedings | Readings from related academic resources |
| 12 | The Award | Readings from related academic resources |
| 13 | Challenges to the Award | Readings from related academic resources |
| 14 | Recognition and Enforcement of Foreign Arbitral Awards | Readings from related academic resources |
| Resources |
| Prof. Dr. Ziya Akıncı- Milletlerarası Tahkim (6. Baskı), Vedat Kitapçılık, İstanbul 2021 Redfern and Hunter on International Arbitration, Oxford University Press; 7th edition, 2023 Prof. Dr. Cemal Şanlı, Uluslararası Ticari Akitlerin Hazırlanması ve Uyuşmazlıkların Çözüm Yolları (7. Baskı), Istanbul 2019. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | X | |||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | X | |||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | ||||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | X | |||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | X | |||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |