International Arbitration in Turkey: Arbitration Procedure

The Turkish International Arbitration Law of 2001 (“TIAL”), which is based on UNCITRAL Model Law of 1985, is applicable to international arbitrations. Considering the configuration stage of arbitration rules, parties can benefit from the extensive liberty provided by TIAL.  Indeed, pursuant to the latter, parties can: deviate from all prescribed provisions of TIAL but those… Continue reading International Arbitration in Turkey: Arbitration Procedure

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Arbitration in Turkey: Introduction and Recent Developments

Although there are not any legal restrictions imposed on the operation of foreign arbitral institutions in Turkey, local arbitration bodies are leading the domestic practice. Being established in major industrialized cities such as İstanbul, Ankara and İzmir; among them, currently, Istanbul Chamber of Commerce Arbitration Center is the most popular.

Contract Formation under the CISG: Sufficient definiteness of an Offer

According to the CISG, a proposal which indicates the goods and expressly or implicitly fixes or makes provision for determining the quantity and the price is sufficiently definite. Yet, it is debated that, in practice, a proposal which only comprises of these terms is often incapable of giving rise to a valid offer where the time or place of delivery or even the type of packaging may be of significance for the subject matter agreement.

Contract Formation under the CISG: Sufficient definiteness of an Offer

According to the CISG, a proposal which indicates the goods and expressly or implicitly fixes or makes provision for determining the quantity and the price is sufficiently definite. Yet, it is debated that, in practice, a proposal which only comprises of these terms is often incapable of giving rise to a valid offer where the time or place of delivery or even the type of packaging may be of significance for the subject matter agreement.

When does an electronically transmitted offer become effective: Perspectives of the CISG and Turkish Law

Where the addressee has expressed somehow that it is willing to receive electronic communications; then the message is deemed to be “reached” when it enters the information system of the addressee. If the addressee has not expressed such intention, then, additionally, the offeree has to become aware of the massage. Can the CISG cope with… Continue reading When does an electronically transmitted offer become effective: Perspectives of the CISG and Turkish Law