| Course Name | International Procedure Law and Arbitration |
| Code | Semester | Theory (hour/week) | Application/Lab (hour/week) | Local Credits | ECTS |
|---|---|---|---|---|---|
| LAW 404 | Fall/Spring | 3 | 0 | 3 | 4 |
| Prerequisites | None | |||||
| Course Language | English | |||||
| Course Type | Elective | |||||
| Course Level | First Cycle | |||||
| Mode of Delivery | - | |||||
| Teaching Methods and Techniques of the Course | ||||||
| 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;
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| Course Description | The content of this course comprises; rules of international procedure law and especially basic principles of alternative dispute resolution mechanisms. |
| Related Sustainable Development Goals | |
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| Core Courses | |
| Major Area Courses | X | |
| Supportive Courses | ||
| Media and Managment Skills Courses | ||
| Transferable Skill Courses |
| Week | Subjects | Required Materials |
| 1 | General Principles of International Civil Procedure Law (“IPL”) | Tekinalp/Nomer/Odman Boztosun, Part 3, Chp. 1-2, “Sources of International Civil Procedure” and “Principle of Lex Fori, 197-200. |
| 2 | International Jurisdiction, International Legal Assistance and other International Procedure Related Problems | Tekinalp/Nomer/Odman Boztosun, Part 3, Chp. 3, “National Jurisdiction and International Jurisdiction”, 200-210. |
| 3 | International Jurisdiction, International Legal Assistance and other International Procedure Related Problems | Tekinalp/Nomer/Odman Boztosun, Part 3, Part 3, Chp. 3, “National Jurisdiction and International Jurisdiction”, 200-210 |
| 4 | International Jurisdiction, International Legal Assistance and other International Procedure Related Problems | Tekinalp/Nomer/Odman Boztosun, Part 3, Chp. 4, “Acceptability and Enforcement of Foreign Judgments”, 210-215. |
| 5 | Arbitration in General | Tekinalp/Nomer/Odman Boztosun, Part 3, Chp. 5, “International Arbitration”, 215-219; Akıncı, Chp. 1, “Arbitration in Turkey”, 1-11. |
| 6 | Sources of Arbitration Law, Types of Arbitration | Akıncı, Chp. 2, “Sources of Turkish Arbitration Law”, 11-21; Chp. 3, “Institutional Arbitration in Turkey”, 21-31. |
| 7 | Foreign Element, Arbitrability, Competent Court | Akıncı, Chp. 4, “Turkish International Arbitration Code and Its Scope of Application”, 31-43; Chp. 5, “Extent of Court Intervention”, 43-45. |
| 8 | Arbitration Contract, Interim Relief and Interim Attachment | Akıncı, Chp. 6, “Arbitration Agreement”, 45-61; Chp. 7, “Interim Relief and Interim Attachment”, 61-67. |
| 9 | Arbitrators, Appointment and Responsibilities | Akıncı, Chp. 8, “Composition of the Arbitral Tribunal”, 67-83. |
| 10 | Applicable Law to the Arbitration, Arbitration Place | Akıncı, Chp. 9, “Applicable Law to the Arbitration”, 83-89; Chp. 10, “Place of Arbitration”, 89-93; Chp. 15, “Applicable Law”, 125-131. |
| 11 | Arbitration Proceedings | Akıncı, Chp. 11, “Commencing Date and Time for Arbitration”, 93-99; Chp. 12-14, “Arbitration Proceedings”, 99-125. |
| 12 | Finalization | Akıncı, Chp. 16, “Termination of Arbitration”, 131-137; Bölüm 17, “Making the Award”, 137-145; Chp. 18, “Arbitration Cost”, 145-149. |
| 13 | Remedies against Arbitral Awards | Akıncı, Chp. 19, “Recourse Against the Award”, 149-169. |
| 14 | Recognition and Enforcement of Foreign Arbitral Awards | Akıncı, Chp. 20, “Recognition and Enforcement, 169-203. |
| 15 | ICSID Arbitration on Foreign Investment Disputes | Akıncı, Chp. 21, “Investment Arbitration in Turkey”, 203-241. |
| 16 | Final Exam |
| Course Notes/Textbooks | Yusuf Çalışkan/Zeynep Çalışkan, Turkish Private International Law: Selected Documents, Adalet, 2017, ISBN: 9786053003045; Gülören Tekinalp/Ergin Nomer/Ayşe Odman Boztosun, Private International Law in Turkey, Alphen aan den Rijn: Kluwer Law International, 2012, ISBN: 9789041141637; Akıncı, Ziya, Arbitration Law of Turkey: Practice and Procedure, Huntington: Juris Net LLC, 2011, 978-193383386-6. |
| Suggested Readings/Materials |
| Semester Activities | Number | Weigthing |
| Participation | ||
| Laboratory / Application | ||
| Field Work | ||
| Quizzes / Studio Critiques | ||
| Portfolio | ||
| Homework / Assignments | ||
| Presentation / Jury | ||
| Project | ||
| Seminar / Workshop | ||
| Oral Exam | 10 | 40 |
| Midterm | ||
| Final Exam | 1 | 60 |
| Total |
| Weighting of Semester Activities on the Final Grade | 10 | 40 |
| Weighting of End-of-Semester Activities on the Final Grade | 1 | 60 |
| Total |
| Semester 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 | 14 | 3 | 42 |
| Field Work | |||
| Quizzes / Studio Critiques | |||
| Portfolio | |||
| Homework / Assignments | |||
| Presentation / Jury | |||
| Project | |||
| Seminar / Workshop | |||
| Oral Exam | 10 | 1 | |
| Midterms | |||
| Final Exams | 1 | 20 | |
| Total | 120 |
| # | Program Competencies/Outcomes | * Contribution Level | ||||
1 | 2 | 3 | 4 | 5 | ||
| 1 | To be able to possess the knowledge in legal terminology, concepts and principles. | |||||
| 2 | Solves the legal problems with an analytic and integral point of view. | |||||
| 3 | Evaluates the legal knowledge and abilities obtained with a critical approach. | |||||
| 4 | Evaluates the developments in legal theory and practice by monitoring local, international and interdisciplinary dimensions. | X | ||||
| 5 | Is conscious of social, professional and scientific principles of ethic behaviour. | |||||
| 6 | Takes responsibility in solving problems by creative and innovative thinking. | |||||
| 7 | Interprets the sources of law by ways of legal methodology. | X | ||||
| 8 | To be able to interpret the legal norms with a sense of justice respectful to human rights and in the light of principles of democratic, secular and social state of law. | |||||
| 9 | To be able to use the daily scientific sources and court judgments in the framework of life time learning approach. | X | ||||
| 10 | Informs the related persons and institutions about legal matters both verbally and in written. | |||||
| 11 | Monitors the daily legal information/court decisions and interacts with the colleagues in a foreign language (“European Language Portfolio Global Scale” Level B1). | X | ||||
| 12 | Uses the information and communication technology together with the computer programs in a level required by the area of law (“European Computer Driving Licence, Advanced Level”). | |||||
*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest
