Abstract:

Arbitration agreements, in which the parties agree to settle their dispute between them by the person or persons they will determine, even if there is no injury in the will of the party, may be invalid due to errors or contradictions in the arbitration agreement. The validity of hybrid arbitration agreements, which are formed by synthesizing two different elements; like the parties authorize arbitration through more than one dispute resolution, or the courts and arbitration together or choose different arbitration institution for administering and rules, may be invalid too. In our study, the types of hybrid arbitration agreements will be analyzing and summarizing and then the applicable law to these arbitration agreements and the validity of these type of arbitration agreements will be examined. Most especially, the arbitration agreements’ validity which applies the rules of one arbitral institution but which is administered by a different institution, which has not yet been raised before Turkish courts, will be examined under the Turkish law.

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