Anasayfa / Makalelerimiz / International Arbitration Lawyer
An international arbitration lawyer is a name associated with lawyers who seek the rights of their clients and defend them in arbitration organizations that do some judicial work in the international arena. In practice, lawyers working in the field of international arbitration have an intense pace of work.
In our article, we will answer many questions such as what an international arbitration lawyer does, what kind of legal support he provides, as well as questions such as what is international arbitration, what is encountered in the process in general. As an Ankara / Turkey arbitration lawyer, we offer serious support to our clients in the process of arbitration proceedings.
Arbitration is one of the alternative dispute resolution methods. Decisively, the parties must determine an arbitrator among themselves for a particular dispute and wait for the dispute to be resolved by the arbitrators.
In addition, arbitrators are also determined in some cases according to the will of the parties, in some cases outside of their will. The number of arbitrator consists of 3 people, unless otherwise agreed, and the parties can determine the number of arbitrator, provided that it is an odd number, if they wish.
Arbitration is one of the institutions that is rapidly growing in popularity today. There's more than one reason it's so popular. At the beginning of these reasons, this path is fast and satisfactory by the parties compared to the state courts. In this context, given the rapid functioning of commercial life, the dispute is resolved satisfactorily within months or even weeks by arbitration. A serious advantage arises, especially if the process is followed by an international arbitration lawyer. As an Ankara / Turkey arbitration lawyer, we offer serious support to our clients in the process of arbitration proceedings.
Regulations have been introduced in the relevant law for arbitrations to be held in the National Area. However, due to the intensity of international trade, the International Arbitration Law No. 4686 was adopted to regulate international arbitration. According to the relevant law, it finds an area of application in disputes that have a foreign element and where the place of arbitration is determined as Turkey, or in cases where Turkey is selected by the parties.
It is important to note that for arbitration proceedings, often the parties have the freedom to choose the law. In other words, the parties may choose Turkish law, even though they are foreign, or agree on the application of the law of another country, even if they are Turkish.
Decisions of the arbitration board are binding, but a case for cancellation can be filed in the competent district court against the decisions of the arbitration board. In all these processes, the international arbitration lawyer creates instant solutions related to the concrete event and follows the process.
Ankara / Turkey arbitration lawyer provides legal support to its clients in the arbitration process.
International arbitration proceedings are divided into two;
An international arbitration lawyer in Turkey provides legal support and representation to his clients through this option, which is more preferred. As Ankara / Turkey arbitration lawyer, we provide legal support to our clients during the arbitration proceedings.
An Ad Hoc arbitrator regulates the arbitration procedure by referring to pre-determined rules or in accordance with rules established by the parties among themselves.
1) Arbitration Request: A party wishing to apply for arbitration first submits this request to the secretariat. The documents that must be included in this request are as follows.
Working together with an international arbitration lawyer in the process that must be followed for arbitration proceedings is a guarantee of avoiding mistakes.
2) Determination Of Arbitrators: In the determination of arbitrators, the parties may have agreed between them and identified arbitrators. But there may also be situations where the parties do not agree. In this case, the ICC arbitration court determines the arbitrators in order to avoid the dispute.
3) Expense advances are deposited.
4) The File is Submitted to the Arbitration Board.
5) After the arbitration board receives the file, the file is submitted to the higher institution for approval of the decision.
6) The ICC arbitration court approves the file and may make changes to the form. The arbitration board cannot make a decision that the court does not approve of.
In these processes, the international arbitration lawyer and the Ankara/Turkey arbitration lawyer can support you professionally.
An arbitration agreement is an agreement that the parties agree that disputes that have already occurred or may arise between them will be resolved by arbitration, regardless of the source. In accordance with this agreement, the rules of Arbitration (number of arbitrators, applicable law, etc.)) conditions can be specified. It is also worth noting that instead of an arbitration agreement being made as a separate contract, an arbitration clause may also be added to an agreed contract. In addition, another point to note is that arbitration agreements are subject to the written form requirement.
It is important to prepare the arbitration agreement in accordance with the terms of the specific event and the constantly updated legislation. Although ordinary generic contracts seem to solve the problem in the short term, they can lead to serious problems in the long term. For this reason, obtaining the assistance of an international arbitration lawyer in Turkey is the healthiest. Ankara / Turkey arbitration lawyer provides legal support to its clients in the arbitration process.
Eligibility for arbitration refers to whether the matter of dispute can be adjudicated in arbitration proceedings. But there is no requirement for eligibility for arbitration that finds application in international law. According to each country, eligibility for arbitration depends on different conditions.
According to Turkish law, disputes related to rights in kind on real estate are not conducive to arbitration. Rights in kind are rights that provide direct control over goods and can be claimed against all.
Another issue that hinders eligibility for arbitration is situations in which one of the parties does not have control over the dispute. In other words, matters that do not arise from the will of the parties cannot be resolved by arbitration. Determining what these issues are can be resolved by consulting an international arbitration lawyer. Ankara / Turkey arbitration lawyer provides legal support to its clients in the arbitration process.
An international arbitration lawyer is the person who undertakes the work of the client to follow the entire legal process of the party wishing to apply for arbitration, to create an arbitration agreement, to complete the arbitration hearing. In this sense, it is extremely important for a successful and knowledgeable lawyer to manage the entire process. Because the international arbitration process is a fast and intensive process. Appeals to international arbitration decisions are also one of the most important stages of this process. It is among the most intensive activities and defenses of an international arbitration lawyer in Turkey.
The creation of an arbitration agreement is of serious importance before or after a dispute has occurred. As mentioned above, contracts made through draft texts will cause serious damage in the long term. Therefore, it would be more accurate to make this agreement by an international arbitration lawyer in Tukey.
Ankara / Turkey arbitration lawyer provides serious legal support to its clients in the preparation of the contract.
International arbitration proceedings are sometimes concluded within a period of 3-4 months, while sometimes they can take much longer. There may be many elements that will affect this period in a positive or negative sense. At this point, the follow-up of the process by the international arbitration lawyer will have a temporal positive result.
The international arbitration attorney's fee is determined separately for each concrete event based on the scope of that event. At this point, elements such as the scope of the event, the legal status of the parties, the possible workload are calculated and freely decided between the client and the international arbitration lawyer at the tariff determined by the bar associations.
Above, we discussed the details of the process in general and the activities of the international arbitration lawyer. As can be seen, this is a process with very important stages and important results. Therefore, the international arbitration lawyer is increasing its importance. In order for the process to end in a healthy way, Lawyer Assistance is always recommended.
As an Ankara / Turkey arbitration lawyer, we provide legal support and legal representation to our domestic and foreign clients.
As Kalemlaw law office, we are operating in Ankara. As a team led by
lawyer Enes Nergiz, we provide serious legal support to our domestic and
foreign clients. Attorney Enes Nergiz, who graduated from Fatih Sultan
Mehmet Foundation University in 2017, has provided legal support and
representation to many local and foreign people after graduation.
