The governing law of the arbitration agreement

It is observed that the field of application of arbitration has increased considerably in recent years. In addition to international law, one of the significant elements of arbitration proceeding which is also present in our national law is the arbitration agreement. In the first part of this study, general information about the arbitration agreement is given and the historical process of the arbitration agreement is examined. Afterwards, the opinions used in determining the legal nature and legal nature of the arbitration agreement are included. Then, the difference between the arbitration agreement and similar agreements and its independence from the original contract are analyzed. At the end of the first chapter, the arbitration agreement has been included within the scope of the Turkish Civil Procedure Code and the Turkish International Arbitration Code. In the second part, the law to be applied to the merits of the arbitration agreement has been emphasized and the cases of the arbitration agreement having made a choice of law by the parties or not have been examined. In this context, the arbitration agreement has been outlined in general terms. Then, the conditions outside the scope of the law applicable to the arbitration agreement are included. Finally, in the Third Section, the concept of public order and the rules directly applied in terms of the arbitration agreement have been examined under the heading of the legal restrictions applicable to the arbitration agreement. In this context, the differences between the public order and the rules applied directly have been mentioned and our study has been completed by making the results and evaluations. Keywords: International Arbitration, International Arbitration Agreement, Applicable Law, International Private Law