International Commercial Arbitration

Course Code: 
LAW 471
Course Period: 
Spring
Course Type: 
Core
P: 
3
Lab: 
0
Credits: 
3
ECTS: 
5
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