Master'sOpen Access

Arbitrability doctrine

2023
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Advisor: Prof. Dr. Mehmet Kamil Yıldırım

Abstract (EN)

This study addresses various aspects of the Turkish legal system and international legal doctrine, focusing on the concept of "arbitration" and its various dimensions, such as "arbitrability," "applicable law to arbitrability," and "reflection of arbitrability in various legal principles." Additionally, the text discusses the role of arbitrability in the Turkish legal system, its place within the legal framework, and its function. The concept of "arbitrability" pertains to whether a dispute can be resolved through arbitration. It concerns the applicability of arbitration as an alternative dispute resolution method and the boundaries of types of disputes suitable for arbitration. In the context of the Turkish legal system, the various aspects of the concept of "arbitrability" have been examined within the framework of international legal doctrine. In Turkish law, arbitration holds a significant position as a means to expedite the resolution of disputes in a more specialized manner. Accordingly, the concept of "arbitrability" plays a crucial role in determining which types of disputes can be resolved through arbitration and which types are unsuitable for this mechanism. Analyzing the scope and limitations of this alternative dispute resolution method, the concept of "arbitrability" determines the ability of certain dispute types to be resolved through arbitration. In conclusion, this text comprehensively explores the various dimensions of the "arbitrability" concept within both Turkish and international legal systems. Understanding the role of arbitration in the legal framework and grasping the significance of the concept of "arbitrability" are integral components of an effective legal dispute resolution process.

Author

Dr. Doğuş Daraoğlu

How to Cite

Doğuş Daraoğlu (Master Thesis). Arbitrability doctrine, 2023, Altınbaş University.

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