Arbitration of Intra-Corporate Disputes in Turkish Law

ISBN-13: 9783631775721 / Angielski / Miękka / 2020 / 236 str.

Aysel Cetinkaya Uyar

Opis

Arbitration of disputes arising from internal corporate affairs is an issue that has received an increasing significant attention in comparative law. The current lack of foreign language sources addressing Turkish arbitral practice led this dissertation to focus on the Turkish legal system. The arbitrability of corporate disputes remains a vague issue in Turkish law. Until a consensus exists between the legislative, doctrinal, and adjudicatory dimensions of the law, arbitrating those disputes may have risky sides. The book serves as a guide for corporate practitioners. It includes a detailed analysis of possible risks and pitfalls for parties submitting their disputes to arbitration. This risk analysis precedes a set of proposals to alleviate these inconveniences and grounds to support arbitrability claims.

Spis treści

Objective arbitrability - Party autonomy - Imperative, Exclusive Judicial Jurisdictional and Public Policy Rules - Intra-corporate disputes - Annulment of general Assembly Resolutions - Judicial, Statutory and Doctrinal - Law in Turkey - Third parties - Vested right character - Multiparty arbitration - Joinder of parties - Intervention - Consolidation of cases

O autorze

Aysel Cetinkaya Uyar is an assistant professor in the department of commercial law. She has completed LLM and Doctor of Juridical Science (S.J.D.) degrees at Penn State Law and has LLB degree from Ankara University, Faculty of Law. She is an attorney-at-law registered to Ankara Bar.