DAVA : Taraflar arasındaki alacak davasının yapılan yargılaması sonunda ilamda yazılı nedenlerden dolayı her iki davanın da reddine yönelik olarak verilen hükmün süresi içinde davacı vekilince temyiz edilmesi üzerine dosya incelendi, gereği konuşulup düşünüldü:
19th Chamber of Turkish Court of Cassation (“the Court”), in its decision dated 29.05.2012 and numbered 2012/9080, held that a clear and conclusive language in the arbitration agreement is a sine qua non for the validity thereof. The invalidated arbitration clause stated that “[Parties] may refer the dispute to the institution in writing for the resolution.” (emphasis added)
In a decision dated November 13, 2014, Turkish Court of Cassation (“the Court”) had ruled that arbitration clause in an employment contract does not bar employees from resorting to the local courts. Public policy concerns, as expected, lay behind the decision. Continue reading
As we now all know Istanbul Arbitration Center,* a permanent arbitration institution in Istanbul, Turkey, has recently been established and already started to function. As a mission inherent in its establishment, the Center currently allocates a significant part of its time to promote arbitration for domestic and international disputes, and to create more arbitration friendly legal environment for achieving the former.