167 ARBITRATION LAW Arbitration of Corporate Law Disputes: The Swiss Example, Lessons to be Learnt and Suggestions* Prof. Dr. H. Ercüment Erdem Introduction1 Arbitration in corporate law contains controversial elements in many respects, especially the issue of arbitrability. Even in legal systems where these disputes are considered to be arbitrable, uncertainties remain on whether an arbitration clause can be included in the articles of association and for whom it will be binding. Switzerland, on the other hand, has made a very important amendment in the Swiss Code of Obligations with regard to adding an arbitration clause to the articles of association in order to put an end to these uncertainties. Legal regulations based on the Swiss model should be adopted in order to eliminate similar uncertainties in Turkish law. Debates in Swiss Doctrine The issue of whether an arbitration clause can be included in the articles of association under Swiss law was discussed from a variety of different perspectives prior to the adoption of the amendment to the Code. First of all, the legal nature of the arbitration clause to be included in the articles of association may be interpreted differently in accordance with the opinions claiming that the articles of association have the nature of a multilateral agreement and those who argue that the * Article of December, 2021 1 This article has been prepared based on the statement I gave at the "Arbitration in the Resolution of Corporate Law Disputes" webinar held by ITOTAM, the Ministry of Commerce General Directorate of Domestic Trade, the Istanbul Chamber of Commerce Trade Registry and the Istanbul Bar Association Arbitration Center on 16 October 2021. For webinar video recording: https://www.youtube.com/ watch?v=WaExprnpqqg.
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