COURSE INTRODUCTION AND APPLICATION INFORMATION


Course Name
International Procedure Law
Code
Semester
Theory
(hour/week)
Application/Lab
(hour/week)
Local Credits
ECTS
LAW 404
Spring
3
0
3
4
Prerequisites
None
Course Language
English
Course Type
Required
Course Level
First Cycle
Course Coordinator
Course Lecturer(s)
Assistant(s)
Course Objectives The aim of this course is to teach international procedure law and provide information on alternative dispute resolution methods during this period when especially international relations in the field of private law are highly increased.
Learning Outcomes The students who succeeded in this course;
  • 1. Solve disputes concerning international procedure law - in particular international jurisdiction, international legal assistance, guarantee, interim measures, burden of proof, international bankruptcy, international arbitration, recognition and enforcement of foreign court judgments and arbitral awards.
  • 2. Evaluate the relationship between international procedure law and substantive law (private international law).
  • 3. Analyze the concept and process of alternative dispute resolution.
  • 4. Compare court adjudication with alternative dispute resolution methods.
  • 5. Apply international arbitration mechanism especially in commercial disputes.
Course Content The content of this course comprises; rules of international procedure law and especially basic principles of alternative dispute resolution mechanisms.

 



Course Category

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

 

WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES

Week Subjects Related Preparation
1 General Principles of International Procedural Law Tekinalp, p. 150-175.
2 International Jurisdiction Tekinalp, p. 160-180.
3 International Legal Assistance and other International Procedure Related Problems Tekinalp, s. 180-200.
4 Recognition and Enforcement of Foreign Court Judgments Tekinalp, p. 200-224.
5 Concept and Types of Alternative Dispute Resolution, Basic Principles, Comparison with Court Adjudication Bölten, p. 31-42.
6 Conciliation in General, Basic Principles, Functioning and Characteristics Bölten, p. 43-50.
7 Mediation in General, Basic Principles, Functioning and Characteristics Bölten, p. 62-79.
8 Midterm Exam
9 Arbitration in General, Sources of Arbitration Law, Legal Characteristics Bölten, p. 79-83.
10 Arbitrability, Arbitration Contract and Form Bölten, p. 88-100; Akıncı, p. 45-58.
11 Arbitrators, Appointment and Responsibilities Akıncı, p. 67-81.
12 Arbitration Proceedings and Finalization Akıncı, p. 99-128.
13 Remedies against Arbitral Awards Akıncı, p. 149-169.
14 Recognition and Enforcement of Foreign Arbitral Awards Akıncı, p. 169-179.
15 ICSID Arbitration on Foreign Investment Disputes Akıncı, p. 203-240.
16 Final Exam
Course Textbooks
References Bölten, Kerim, Dispute Resolution Mechanisms in Merger and Acquisition Transactions, Legal, 2016; Göksu, Mustafa, Civil Litigation and Dispute Resolution in Turkey, BTHA, 2016; Tekinalp, Gülören/Nomer, Ergin/Odman Boztosun, Ayşe, Private International Law in Turkey, Kluwer Law International, 2012; Akıncı, Ziya, Arbitration Law of Turkey: Practice and Procedure, Juris Net LLC, 2011.

 

EVALUATION SYSTEM

Semester Requirements Number Percentage
Participation
1
10
Laboratory / Application
Field Work
Quizzes / Studio Critiques
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
Midterms / Oral Exams
1
40
Final / Oral Exam
1
50
Total

Contribution of Semester Work to Final Grade
50
Contribution of Final Work to Final Grade
50
Total

ECTS / WORKLOAD TABLE

Activities Number Duration (Hours) Workload
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
6
2
Field Work
Quizzes / Studio Critiques
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
Midterms / Oral Exams
1
20
Final / Oral Exam
1
40
    Total
120

 

COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP

#
Program Qualifications / Outcomes
* Level of Contribution
1
2
3
4
5
1 To solve problems, to have analytical and holistic viewpoint and to develop strategic thinking as a principle in the field of law X
2 It is aimed to graduate students whom are able to critique what they have already learn in the field of law, adopting lifelong learning and continuously developing themselves X
3 It is aimed to graduate students whom are able to analyze and interpret their academic knowledge and express their solutions regarding legal problems both oral and written X
4 It is aimed to graduate students whom are able to understand the legal concepts and ideas in both national and multinational settings and practice cross disciplinary and comparative analysis X
5 To be aware of principles of social, occupational, and legal ethics X
6 To create solutions with creative and innovative motives when coming across with unexpected legal situations, and be able to apply the academic gain during new and unconventional occasions X
7 Acquiring leadership qualifications and applying them successfully X
8 Working efficiently and effectively, learning how to be a team member, taking responsibilities, being open minded, constructive, vulnerable to criticism and having self confidence X
9 To be able to reach the latest scientific resources, court decisions and other sources of law and be able to transfer the academic knowledge to real life with both national and international thinking X
10 To know and act according to the social, scientific and ethical values under any circumstances such as data collection, interpretation, announcing and practicing regarding legal, social and political progress X
11 To be able to use a foreign language as fluent as possible for both pursuing the legal information and court decisions and developing proper communication with colleagues from other countries, ("European Language Portfolio Global Scale", Level B1) X
12 Above average in both written and spoken of a second foreign language X
13 Able to use computer programs and technology to an adequate level required by the field of law ("European Computer Driving License", Advanced Level") X

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