Hakem Sözleşmesi uyarınca hakemin hak ve yükümlülükleri

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Thesis Type: Postgraduate

Institution Of The Thesis: Galatasaray Üniversitesi, Hukuk Fakültesi, Özel Hukuk, Turkey

Approval Date: 2015

Thesis Language: Turkish

Student: ÖMER FARUK PETEK

Supervisor: GÜRAY ERDÖNMEZ

Open Archive Collection: AVESIS Open Access Collection

Abstract:

There are three important dimensions of the arbitration; first of which is the arbitration agreement including the will of the parties. The second dimension is the arbitration proceeding, arbitration award made following the proceeding and its enforcement. The third and the last one is the contract between the disputing parties and the arbitrator, which is the subject of this study as well. Whereas arbitration agreement and arbitration award constitute the main issues both in the regulations of the law and in academic studies, the arbitrator's contract has been understudied. In order to understand all the aspects of arbitration, one needs to examine the relationship between the parties and the arbitrator. In the field of arbitration via the new Civil Procedure Law no. 6100 and in the field of contract law through the Turkish Code of Obligations no. 6098, crucial reforms have been carried out within the last two years. In the light of all these developments, in order to determine the status of the arbitrator, it is aimed to explore the rights and obligations taken over by the arbitrator in accordance with the compromissum with regards to the unique structure of arbitration and the law of contracts.