Arbitrability of disputes between shareholders in alimited company

In this study, the arbitrability of disputes arising between limited company shareholders was examined. Choosing the arbitration procedure instead of the long and burdensome litigation method in resolving disputes is important for both procedural economy and the effective and short resolution of disputes. It is also possible to choose arbitration in some disputes in the field of company law. However, in order to resort to arbitration, there must first be a dispute regarding a company and, consequently, corporate law. With the developments in the economy and the revival of commercial life, the number of companies is also increasing. Disputes regarding company law are also increasing with the number of companies. State courts are insufficient to resolve disputes and companies are negatively affected by long-lasting trials. At this point, arbitration emerges as an alternative and effective trial method for companies. With the international aspect of trade, the element of foreignness has begun to be included in company disputes. In resolving corporate law disputes involving foreign elements through arbitration, the International Arbitration Law is taken as basis, not the Code of Civil Procedure. The foreign element in company law arises when the company enters into legal transactions with foreign companies or when a foreign real/legal person becomes a partner of the company. In order to resolve corporate law disputes that have foreign elements or are subject to Turkish law, the parties can decide that the disputes will be resolved through arbitration, with a joint and written declaration of intent. Since long trials make it difficult for the parties to access justice, arbitration, which provides an effective solution in a short time, is preferred over litigation. In addition, the fact that the cases are open and not resolved in a short time affects companies negatively as it opens the door to new disputes. The fact that the arbitrators in arbitration are experts in their fields, the dispute is concluded in a short time and the trial is conducted on the basis of confidentiality serves to the fact that corporate law is a private and technical field, and therefore arbitration becomes an attractive alternative litigation method for the parties. In addition, the arbitration procedure gives the parties the opportunity to choose the law to be applied to the dispute. This opportunity serves the trust and stability feature of trade, and in this respect, arbitration is preferred. These advantages offered by arbitration also serve to resolve international commercial disputes involving foreign elements in a short time.