International arbitration in Turkey is governed by the International Arbitration Law (Law No. 4686), which entered into force on 5 July 2001.[1] Turkey’s International Arbitration Law was largely modelled on the UNCITRAL Model Law and Chapter 12 of the Swiss International Private Law Act. Domestic arbitration in Turkey, on the other hand, is governed by […]
Arbitration Under the OIC Investment Agreement
Many investors are unaware of the existence of the Agreement for the Promotion, Protection and Guarantee of Investments among the Member States of the Organisation of the Islamic Conference (the “OIC Investment Agreement”) and its provisions regarding dispute settlement. The Organization of the Islamic Conference (the “OIC”; Arabic: منظمة التعاون الإسلامي; French: Organisation de la […]
ATA CONSTRUCTION, INDUSTRIAL AND TRADING COMPANY V. THE HASHEMITE KINGDOM OF JORDAN (ICSID CASE ARB/08/2) AWARD 18 May 2010
In this ICSID case Claimant, a Turkish company, started an arbitration in relation to a dispute with the Arab Potash Company (“APC”), a Jordan government-owned company, arising out of the collapse of a dike Claimant had built. On 30 September 2003, a FIDIC Tribunal issued an award entirely in favor of Claimant. Following this ruling, […]
ALAPLI ELEKTRIK B.V. V. REPUBLIC OF TURKEY (ICSID CASE NO: ARB/08/13) – DECISION ON ANNULMENT OF 10 JULY 2014
The ICSID case Alapli Elektrik B.V. v. Republic of Turkey concerned a concession to develop, finance, own and operate a power plant in Turkey. The dispute was governed by the ICSID Convention, the Energy Charter Treaty (the “ECT”) and the Agreement of Reciprocal Encouragement and Protection of Investments between the Kingdom of the Netherlands and […]
Istanbul Arbitration Centre
The Istanbul Arbitration Centre (‘ISTAC’) was established in 2015 in Istanbul, Turkey. The ever-developing Turkish economy and increasing numbers of Turkey-related disputes, both in International Commercial Arbitration and Investment Arbitration, have highlighted the importance and the role that this institution may assume in coming years. It is well within reason that the ISTAC may attract […]