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National Arbitration in the Civil Procedure Code – I
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Prof. Dr. H. Ercument Erdem
Provisions of the Civil Procedure Code numbered 6100 (“CPC”)
regarding arbitration shall be applicable to disputes which do not
involve any foreign element and for which the place of arbitration has
been designated as Turkey. These provisions are significant for adapt-
ing the provisions governing national arbitration to the currently
applied arbitration concept and to the International Arbitration Act
numbered 4686 (“IAA”). With the adaptation of the CPC to be in line
with the IAA, they became compatible with the UNCITRAL Model
Law. Thus, the controversies between different arbitration rules have
been overcome.
Due to the extensive scope of the provisions of the CPC governing
arbitration, we will analyze them under separate chapters and other
provisions shall be assessed in our articles to be published in the fol-
lowing newsletters.
In General
Provisions of national and international arbitration rules under the
Turkish law are primarily governed with two separate codes.
Provisions governing national arbitration were included within the
Civil Procedure Code numbered 1086 (“Former CPC”) prior to the
promulgation of the CPC. Nevertheless, there were material differ-
ences between the arbitration provisions of the Former CPC and the
provisions applicable to international arbitration. Therefore, the unifi-
cation and harmonization process of national and international arbitra-
tion rules were of material importance.
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Article of March 2012