Özet:

Arbitration agreements that authorize both national courts and arbitration are often encountered in practice and their validity questioned. On the one hand, the arbitration agreement may be rendered invalid under the applicable law, which may result in the dispute being seen and resolved before undesired authorities; and on the other hand, multiple authorities (such as arbitral tribunals and national courts) may render themselves competent to decide, which may lead to parallel proceedings and further to many and conflicting decisions be rendered, all of which may negatively effect the dispute resolution process. In this respect, we will first discuss how to determine the law applicable to the arbitration agreement, and then will analyze the validity of arbitration agreements that authorize both arbitration and national courts, with specific importance given to those governed by Turkish law, through examples.

Anahtar Kelimeler: