Abstract:

Today, the most common way of settlement of international commercial disputes is arbitration. The agreement made by the parties to resolve disputes is called an arbitration agreement to be concluded by judges instead of by the courts which are the ordinary judicial authorities. If the parties agree to the judgment of the judges to transfer the settlement of the dispute to the judges, the concrete dispute between them may not be suitable for arbitration according to a state law. The problem of international commercial arbitration is that the issue of the dispute between the parties is not suitable for arbitration in the event that the cancellation of the judgment of the arbitrator in the ongoing process may be scheduled or that there may be problems in the process of arbitration. Therefore, the question of whether a dispute in international commercial arbitration is arbitration-friendly is the question of which law will be solved by application has been the subject of debate. In this study, the answer to the legal question to be applied to judgment is sought in the framework of the opinions in the practice and teaching.

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