Arbitration rules for corporate law disputes

The issue of arbitration in corporate law disputes has sparked controversy, with arbitrability standing in the eye of the storm. That being said, the scope of the debate extends beyond arbitrability. The path to resolve corporate law disputes through arbitration involves various challenges, leading to a degree of uncertainty. Despite these challenges and uncertainties, this study was motivated by Turkey's growing embrace of an arbitration-friendly approach, the rising interest in corporate arbitration in arbitration circles and encouraging developments observed in Germany and Switzerland in recent years. Beginning with setting the scene for dispute resolution through arbitration, the study examines potential benefits of arbitration in corporate law disputes and then addresses the specific concerns associated with resolution of corporate law disputes through arbitration. It then analyzes the approach of Turkish law towards the resolution of corporate law disputes through arbitration by the application of a three-stage test. The study further explores the process leading to the drafting of the supplementary rules for arbitrating corporate law disputes in Germany and Switzerland, then presents a comparative analysis of the Supplementary Rules for Corporate Law Disputes (DIS-SRCoLD) and Supplemental Swiss Rules for Corporate Law Disputes (SAC-SSRCoLD). The concluding section presents a proposal, namely Arbitration Rules for Corporate Law Disputes, driven by the need for such rules to be enacted by Turkish arbitration institutions.