HUK 507 | Course Introduction and Application Information

Course Name
Commercial Arbitration Law
Code
Semester
Theory
(hour/week)
Application/Lab
(hour/week)
Local Credits
ECTS
HUK 507
Fall/Spring
3
0
3
7.5

Prerequisites
None
Course Language
Turkish
Course Type
Elective
Course Level
Second Cycle
Course Coordinator
Course Lecturer(s)
Assistant(s)
Course Objectives Studying commercial arbitration, which is embodied within the framework of Civil Procedure Law and International Arbitration Law, by taking international agreements into consideration, and presenting its interaction with the national law.
Course Description The students who succeeded in this course;
  • Students who successfully complete this course will be able to;
  • Comprehend arbitration as a way of dispute resolution
  • Carry out arbitration process in terms of commercial disputes
  • Comprehend the way to resolve the disputes the foreign investors may come across within the frame of arbitration
  • Examine arbitration within the framework of the New York Convention, the Geneva Convention, ICSID Convention
  • Exhibit the interaction between International Arbitration and national law order
  • Resolve disputes that may arise as a result of arbitration process in accordance with national and international legislation
Course Content Arbitration, International Arbitration, arbitration as a way of dispute resolution, New York Convention, Geneva Convention, ICSID Convention

 



Course Category

Core Courses
X
Major Area Courses
Supportive Courses
Media and Management Skills Courses
Transferable Skill Courses

 

WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES

Week Subjects Related Preparation
1 Different types of arbitration, the concept and history of arbitration Course notes and related sections from other sources
2 Domestic arbitration, international arbitration Course notes and related sections from other sources
3 Arbitration agreement, validity of the arbitration agreement, arbitrability Course notes and related sections from other sources
4 Application of the procedural code in the domestic arbitration Course notes and related sections from other sources
5 Legal rules governing international arbitration and the Turkish International Arbitration Law no 4686 Course notes and related sections from other sources
6 Other legislative texts applicable to arbitration, institutional arbitration, ad hoc arbitration Course notes and related sections from other sources
7 Mid-Term Exam
8 Arbitrator, constitution of the arbitral tribunal Course notes and related sections from other sources
9 Determination of law applicable to the procedure Course notes and related sections from other sources
10 Determination of law applicable to the merits of the dispute Course notes and related sections from other sources
11 Arbitral awards and remedies against arbitral awards Course notes and related sections from other sources
12 Enforcement of foreign arbitral awards Course notes and related sections from other sources
13 Concerns and issues about arbitration in Turkey Course notes and related sections from other sources
14 Contemporary problems in international arbitration Course notes and related sections from other sources
15 Review of the semester Course notes and related sections from other sources
16 Final Exams

 

Course Notes/Textbooks
Suggested Readings/Materials Esen, Emre; ‘’Uluslararası Ticari Tahkimde Tahkim Anlaşmasının Üçüncü Kişilere Teşmili’’,1.Baskı 2008 İstanbul; Kuru, Baki/ Arslan, Ramazan/ Yılmaz, Ejder, Medeni Usul Hukuku Ders Kitabı, 6100 sayılı HMK'na Göre Yeniden Yazılmış 22. Baskı, Ankara 2011; Kuru, Baki/ Arslan, Ramazan/ Yılmaz, Ejder, HMK ve İlgili Mevzuat, Ankara 2011; Yeşilova, Bilgehen; ‘’Milletlerarası Ticar Tahkimde Nihai Karardan önce Mahkemelerin Yardımı ve Denetimi’’, 2008 İstanbul.

 

EVALUATION SYSTEM

Semester Activities Number Weigthing
Participation
Laboratory / Application
Field Work
Quizzes / Studio Critiques
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
Oral Exams
Midterm
1
40
Final Exam
1
60
Total

Weighting of Semester Activities on the Final Grade
60
Weighting of End-of-Semester Activities on the Final Grade
40
Total

ECTS / WORKLOAD TABLE

Semester Activities Number Duration (Hours) Workload
Theoretical Course Hours
(Including exam week: 16 x total hours)
16
3
48
Laboratory / Application Hours
(Including exam week: 16 x total hours)
16
Study Hours Out of Class
16
3
Field Work
Quizzes / Studio Critiques
Homework / Assignments
Presentation / Jury
69
Project
Seminar / Workshop
Oral Exam
Midterms
1
30
Final Exam
1
30
    Total
156

 

COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP

#
Program Competencies/Outcomes
* Contribution Level
1
2
3
4
5
1 To consolidate the ability of interpretation of events on the basis of legal principles by analytical thinking in the field of private law. X
2 The acquisition of knowledge on private law and its sub-disciplines. X
3 To generate new information putting together the knowledge of various disciplines with theoretical and applied ones that are gained from expert level of private law. X
4 To have the ability for utilizing theoretical and applied knowledge gaining from expert level of private law on the analysis of the problems. X
5
To be able to interpret with a critical point of view by making connection between legal concepts, institutions and methods.
X
6 To be able to convey the expert level of knowledge and equipment that will be possessed on private law and its sub-disciplines effectively verbally and in writing. X
7 To be able to solve legal disputes, particularly those brought before the judicial bodies. X
8 To be able to have effective communication skills. X
9 To pursue social, scientific and ethical values during the processing and evaluation of knowledge. X
10 To be able to conduct an independent study that requires specialty in the field of private law and about its sub-disciplines. X

*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest