The methods for resolving disputes arising from international trade agreements

In this study, named "The Methods for Resolving Disputes Arising from International Trade Agreements" firstly international trade agreements and the resolution of disputes arising from these contracts by national courts were discussed. The major and primay topics finds its discussion through the first section. The concepts of "trade" and "international trade", the historical development of trade, the agreements and the institutions and organizations established on the basis of eliminating the injustice and imbalance created by the increased protectionism in international trade after World War II and creating stability in international trade are among effectively discussed themes. In the other sub-sections of this chapter, after the settlement of disputes arising from international commercial contracts by the national courts selected by the parties and by the courts directly appealed by the parties, the recognition and enforcement of the decisions made by foreign courts regarding these disputes in accordance with Turkish law, the conditions of enforcement, other reasons that prevent recognition and enforcement are discussed. In the other two chapters of our study, the resolution of disputes by alternative dispute resolution methods is explained. Firstly we analysed the definition and the legal nature of arbitration, arbitration types, preferred within the framework of the International Arbitration Law on International Commercial Arbitration in Turkey and we examined the recognition and enforcement of foreign arbitral awards in Turkey. In the last section, the resolution of disputes by alternative dispute resolution methods other than arbitration, we investigated the elements of alternative dispute resolution and alternative dispute resolution methods such as conciliation, fact finding, negotiation, mediation, mini-trial, early neutral evaluation.