188 / 522
agreement is controversial. On one hand, some opinions indicate that
the arbitration clause should explicitly be included in the reference; on
the other hand, it is argued that incorporation via a general reference is
sufficient for the arbitration agreement to be valid. The main point is
the determination of the parties’ consents to arbitrate. In Turkish law,
the IAL allows incorporation of an arbitration agreement by reference.
However, it should be noted that, while referring to the standard con-
tract, making an explicit reference to the arbitration clause is recom-
mended in order to avoid disputes regarding the parties’ consent to
arbitrate. Similarly, if the parties do not intend to refer the dispute to
arbitration, this intent should be explicitly indicated, as well, while a
standard contract is incorporated to the main agreement between the
parties.
172
NEWSLETTER 2015