COURSE INTRODUCTION AND APPLICATION INFORMATION


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;
  • 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 Description 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 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

 

EVALUATION SYSTEM

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

Weighting of Semester Activities on the Final Grade
1
40
Weighting of End-of-Semester Activities on the Final Grade
1
60
Total

ECTS / WORKLOAD TABLE

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
6
2
12
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
Presentation / Jury
1
20
Project
Seminar / Workshop
Oral Exam
Midterms
Final Exams
1
40
    Total
120

 

COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP

#
Program Competencies/Outcomes
* Contribution Level
1
2
3
4
5
1

To be able to possess the knowledge in legal terminology, concepts and principles.

X
2

To be able to solve the legal problems with an analytic and integral point of view.

X
3

To be able to evaluate the legal knowledge and abilities obtained with a critical approach.

X
4

To be able to evaluate the developments in legal theory and practice by monitoring local, international and interdisciplinary dimensions.

X
5

To be able to have awareness of social, professional and scientific principles of ethic behaviour.

X
6

To be able to take responsibility in solving problems by creative and innovative thinking.

X
7

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.

X
8

Working efficiently and effectively, learning how to be a team member, taking responsibilities, being open minded, constructive, open to criticism and having self confidence

X
9

To be able to use the daily scientific sources and court judgments in the framework of life time learning approach.

X
10

To be able to inform the related persons and institutions about legal matters both verbally and in written.

X
11

To be able to monitor the daily legal information/court decisions and interacts with the colleagues in a foreign language (“European Language Portfolio Global Scale” Level B1) .

X
12

To be able to use 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”).

X

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