Resolution of disputes arising from international construction contracts through commercial arbitration

This monographic study titled "Resolution of Disputes Arising from International Construction Contracts through Commercial Arbitration" examines how disputes arising from construction contracts can be resolved either in the national courts of the countries where the contracting parties are located or through alternative legal resolution methods such as arbitration. It evaluates the advantages of this resolution method within the framework of international law and the applicable legislation of the Turkish legal system, while also considering the objective connecting factors that determine the law applicable to the essence of construction contracts. The study aims to provide useful insights by taking into account where the dispute will be resolved. Therefore, the issue of determining the applicable law for foreign elements in construction contracts is investigated by dividing it into two categories: resolution in state courts and resolution in arbitration tribunals. Disputes between the parties can be resolved by an independent third party without resorting to state litigation. An analysis of the Turkish legal system reveals that such disputes often take a long time to reach a conclusion in our country. Our study examines the conditions for the validity of arbitration proceedings and their applicability, focusing on the resolution of disputes arising from construction contracts through arbitration in both comparative legal systems and the Turkish legal system.