| 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 | |||||
| Mode of Delivery | - | |||||
| Teaching Methods and Techniques of the Course | ||||||
| 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. |
| Learning Outcomes | The students who succeeded in this course;
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| Course Description | Arbitration, International Arbitration, arbitration as a way of dispute resolution, New York Convention, Geneva Convention, ICSID Convention |
| Related Sustainable Development Goals | |
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| Core Courses | X |
| Major Area Courses | ||
| Supportive Courses | ||
| Media and Managment Skills Courses | ||
| Transferable Skill Courses |
| Week | Subjects | Required Materials |
| 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. |
| Semester Activities | Number | Weigthing |
| Participation | ||
| Laboratory / Application | ||
| Field Work | ||
| Quizzes / Studio Critiques | ||
| Portfolio | ||
| Homework / Assignments | 1 | 40 |
| Presentation / Jury | ||
| Project | ||
| Seminar / Workshop | ||
| Oral Exam | ||
| Midterm | ||
| 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 |
| 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 | 19 | 3 | 57 |
| Field Work | |||
| Quizzes / Studio Critiques | |||
| Portfolio | |||
| Homework / Assignments | 1 | 60 | |
| Presentation / Jury | |||
| Project | |||
| Seminar / Workshop | |||
| Oral Exam | |||
| Midterms | |||
| Final Exams | 1 | 60 | |
| Total | 225 |
| # | 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
