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ARBITRATION CONVENIENCE

The increasing number of international trade relations raises the issue of which authority will provide the resolution of disputes arising from these relations. Because the result to be reached in the resolution of legal disputes in international disputes will vary depending on which law will be applied to the dispute and which authority will resolve the dispute [1] . Since there is no supranational court for the resolution of international disputes, the parties will either resort to state courts or alternative dispute resolution methods [2] . When criteria such as impartiality, binding, enforceability, speed and expertise are considered, it is seen that arbitration is the dispute resolution method that keeps legal risks at the lowest level, and this situation causes the parties to prefer arbitration in international disputes. Although the judiciary is a function of the state and fulfills this duty through the courts it has established, with the application of the freedom of will provided to the parties by substantive law, the parties can grant this judicial authority granted to the courts to private persons through a contract they will make between themselves [3] . In order for a dispute between the parties to be resolved through arbitration, the dispute between the parties must be arbitrable, that is, the dispute must be a dispute that can be resolved through arbitration.


In this context, the study will first focus on the concepts of arbitration and convenience, and then on the types of disputes for which arbitration can be resorted to.



[1] AKINCI, Z.: Türkiye’de Milletlerarası Tahkim, GSÜHFD, C.1 S.4, İstanbul 2005, s.13.

[2] ÖZÇELİK, N.Ş.: Resmi Yargı Ve Tahkimin Ayrı Ayrı Ve Birlikte Yetkilendirildiği Tahkim Anlaşmalarının Geçerliliği, Milletlerarası Hukuk ve Milletlerarası Özel Hukuk Bülteni C.36 S.2 2016, s.55.

[3] EKŞİ, N.: Milletlerarası Ticaret Hukuku, 2.baskı Beta Yayıncılık, 2015, s.160.



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