Course Language:
Türkçe
Course Objectives:
Teaching of basic concepts of international arbitration
Course Content:
Hypothetic basics of international commercial arbitration and its practice
Course Methodology:
1: Lecture, 2: Question-Answer, 3: Discussion, 4: Case study / practical course
Course Evaluation Methods:
A: Testing, B: Presentation C: Homework
Vertical Tabs
Course Learning Outcomes
| Learning Outcomes | Program Learning Outcomes | Teaching Methods | Assessment Methods |
| Code of International Arbitration | 1,2,3,4,5,6 | 1,3 | A,C |
| New York Convention on Recognition and Enforcement of Foreign Arbitral Awards | 3,4,5,6 | 1,3,4 | A,C |
| UNCITRAL Model Law on International Arbitration | 7,8,9,10 | 1,4 | A,C |
Course Flow
| Week | Topics | Study Materials |
| 1 | Definition of arbitration, its difference than other dispute resolution mechanisms | |
| 2 | Introduction to Turkish and international legislation regarding arbitration | |
| 3 | Difference of ad hoc arbitration and institutional arbitration | |
| 4 | Elements of arbitration agreement | |
| 5 | Authorities and duties of arbitrators, determination and appointment of arbitrators, disqualification and desisting of arbitrators | |
| 6 | Meaning and importance of place of arbitration, points to consider in case place of arbitration is Turkey | |
| 7 | MID-TERM EXAMINATION | |
| 8 | Exclusive authority of Turkish courts and arbitrability | |
| 9 | Independence of arbitration agreement and kompetenz-kompetenz | |
| 10 | Difference of the law applying to substantive law and the procedure law | |
| 11 | Arbitration proceeding in practice | |
| 12 | Authority of the arbitrators to injunction | |
| 13 | Enforcement and recognition of arbitral awards | |
| 14 | Review |
Recommended Sources
| Textbook | Materials distributed in class |
| Additional Resources |
Milletlerarası Tahkim Hukuku (2 cilt), Ergin Nomer
The Principles and Practice of International Commercial Arbitration, Margaret L. Moses |
Material Sharing
| Documents | |
| Assignments | |
| Exams |
Assessment
| IN-TERM STUDIES | NUMBER | PERCENTAGE |
| Mid-terms | 1 | 100 |
| Total | 100 | |
| CONTRIBUTION OF FINAL EXAMINATION TO OVERALL GRADE | 60 | |
| CONTRIBUTION OF IN-TERM STUDIES TO OVERALL GRADE | 40 | |
| Total | 100 |
| COURSE CATEGORY | Expertise/Field Courses |
Course’s Contribution to Program
| No | Program Learning Outcomes | Contribution | ||||
| 1 | 2 | 3 | 4 | 5 | ||
| 1 | Ability to comprehend, solve, and to attain analytical and critical thought processes | x | ||||
| 2 | Within the ambit of lifelong learning, to direct continuous renewal and cultivation of knowledge attained in the field of law | x | ||||
| 3 | To master legal resources and legal precedents; to be able to conduct comparative legal analyses in national and international legal arenas | x | ||||
| 4 | To improve settlement options; to implement creative and innovative solutions | x | ||||
| 5 | To be equippet with comprehensive and comparative knowledge gained through the study of law, enabling the transfer of this knowledge into the social and economic fields. To attain analytical thinking between cross disciplines | x | ||||
| 6 | To attain the ability to comprehend and solve legal problems pertaining to global economy | x | ||||
| 7 | To obtain knowledge of current legal subjects, through the aid of the English language | x | ||||
| 8 | To be able to utilize proficiency at an intermediate level foreign language | x | ||||
| 9 | To attain professional and scientific ethical tenants in the field of law, as well as in society at large | x | ||||
| 10 | To attain the ability to write, speak and listen effectively, in the field of law | x | ||||
| 11 | To be open-minded, to be tolerant of different ideas, to be constructive, to have self-confidence, and to be responsible both during individual studies and/or during team studies. To work effectively and efficiently | x | ||||
ECTS
| Activities | Quantity |
Duration (Hour) |
Total Workload (Hour) |
| Course Duration (Including the exam week: 16x Total course hours) | 14 | 3 | 42 |
| Hours for off-the-classroom study (Pre-study, practice) | 14 | 5 | 70 |
| Mid-terms | 1 | 3 | 3 |
| Final examination | 1 | 3 | 3 |
| Total Work Load | 118 | ||
| Total Work Load / 25 (h) | 4,72 | ||
| ECTS Credit of the Course | 5 |