Private Law (YL) (Non-Thesis)
Master	Length of the Programme: 1.5	Number of Credits: 90	TR-NQF-HE: Level 7	QF-EHEA: Second Cycle	EQF: Level 7

ECTS Course Information Package

School/Faculty/Institute

Graduate School

Course Code

HUK 501

Course Title in English

International Arbitration Law

Course Title in Turkish

Uluslararası Tahkim Hukuku

Language of Instruction

Type of Course

Flipped Classroom

Level of Course

Advanced

Semester

Fall

Contact Hours per Week

Lecture: 2

Recitation:

Lab:

Other:

Estimated Student Workload

138 hours per semester

Number of Credits

6 ECTS

Grading Mode

Standard Letter Grade

Pre-requisites

None

Co-requisites

None

Expected Prior Knowledge

None

Registration Restrictions

None

Overall Educational Objective

To learn the advantages and disadvantages of arbitration, which is one of the methods of resolving international commercial disputes, its various types and functioning, and how to give effect to arbitral awards.

Course Description

The distinction between institutional arbitration and ad hoc arbitration and the distinction between international investment arbitration and trade arbitration as well as consent to arbitration, arbitration procedure, the setting aside of arbitral awards and the enforcement of foreign arbitral awards will be handled, in light of Turkish and international legislation (e.g.“ICSID Convention” and the “New York Convention on Recognition and Enforcement of Foreign Arbitral Awards”) on arbitration

Course Learning Outcomes and Competences

Upon successful completion of the course, the learner is expected to be able to:
1) To know the purpose, advantages and disadvantages of arbitration proceedings
2) Knowing how to draft a successful arbitration clause
3) To know the differences between institutional and ad hoc arbitration and which type of arbitration is preferable in which situations
4) To know what an investment dispute is and how investment dispute arbitration differs from arbitration of commercial disputes
5) To have knowledge about the Turkish legislation on arbitration proceedings, as well as to know the differences between the provisions of the CCP on arbitration and the provisions of the International Arbitration Law No. 4686 on arbitration procedure
6) To know the annulment actions that can be filed against arbitral awards and the examination to be made in these cases
7) Knowing how to give effect to arbitral awards

Program Learning Outcomes/Course Learning Outcomes	1	2	3	4	5	6	7
1) An advanced and integrated understanding of the complex body of knowledge in the field of private law in general.
2) An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on the rules and principles governing contractual dealings, equitable doctrines, civil wrongs and private law remedies.
3) An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on current debates on the nature, basis and potential reform of private law doctrines
4) Expert, specialised cognitive and technical skills to independently analyse, critically reflect on and synthesise complex information, concepts and theories in the field of private law.
5) Expert, specialised cognitive and technical skills to independently research and apply such information, concepts and theories to the relevant body of knowledge and practice.
6) Expert, specialised cognitive and technical to independently interpret and transmit knowledge, skills and ideas to specialist and non-specialist audiences.
7) Knowledge and skills to demonstrate autonomy, expert judgment, adaptability and responsibility as a practitioner and learner in the field of private law.

Relation to Program Outcomes and Competences

N None	S Supportive	H Highly Related

	Program Outcomes and Competences	Level	Assessed by
1)	An advanced and integrated understanding of the complex body of knowledge in the field of private law in general.	H	Exam,HW,Presentation
2)	An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on the rules and principles governing contractual dealings, equitable doctrines, civil wrongs and private law remedies.	H	Exam,HW,Presentation
3)	An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on current debates on the nature, basis and potential reform of private law doctrines	H	Exam,HW,Presentation
4)	Expert, specialised cognitive and technical skills to independently analyse, critically reflect on and synthesise complex information, concepts and theories in the field of private law.	H	Exam,HW,Presentation
5)	Expert, specialised cognitive and technical skills to independently research and apply such information, concepts and theories to the relevant body of knowledge and practice.	N
6)	Expert, specialised cognitive and technical to independently interpret and transmit knowledge, skills and ideas to specialist and non-specialist audiences.	N
7)	Knowledge and skills to demonstrate autonomy, expert judgment, adaptability and responsibility as a practitioner and learner in the field of private law.	N

Prepared by and Date	INCI ATAMAN FIGANMESE , January 2024
Course Coordinator	AKTS1
Semester	Fall
Name of Instructor	Asst. Prof. Dr. INCI ATAMAN FIGANMESE

Course Contents

Week	Subject
1)	Opening Lecture, General Introduction of International Arbitration, reasons for the preference of arbitration proceedings.
2)	The differences between institutional arbitration and ad hoc arbitration in terms of the way arbitration is organized
3)	The question of arbitrability
4)	The manifestation of the will to arbitrate. Independence of the arbitration agreement.
5)	Problems created by pathological arbitration clauses. Arbitration objection.
6)	Comparison of the provisions of the CCP on arbitration with the provisions of the International Arbitration Law No. 4686
7)	The question of the nationality of arbitral awards
8)	The concept and importance of "lex arbitri" in terms of the procedure of arbitration proceedings.
9)	Details of the procedure to be followed in arbitration. Characteristics of the rules of arbitration proceedings of some institutional arbitration organizations (in particular the ICC).
10)	Stages of granting a certificate of enforceability or annulment of arbitral awards
11)	Recognition and enforcement of foreign arbitral awards
12)	Comparison of annulment and enforcement of arbitral awards
13)	Investment disputes and their resolution through arbitration.
14)	Enforcement of ICSID arbitral awards
15)	Finals
16)	Finals

Required/Recommended Readings

Cemal Şanlı; Uluslararası Ticari Akitlerin Hazırlanması ve Uyuşmazlıkların Çözümü Ziya Akıncı; Milletlerarası Tahkim, İstanbul 2013 İnci Ataman-Figanmeşe; Ticarî Tahkim ile Yatırım Tahkimi Arasındaki Farklar, MHB (2011) S.1 İnci Ataman-Figanmeşe; Milletlerarası Ticarî Hakem Kararlarının İptal ve Tenfiz davaları Yoluyla Mahkemelerce Mükerrer Denetimi, MHB (2011), S.2

Teaching Methods

Lecture by the lecturer, preparation and presentation of seminar assignments by each student individually, ensuring that the seminar assignment is read by other students before this presentation, evaluating the seminar assignment with the lecturer and students on the day of the presentation and learning the subject.

Homework and Projects

Seminar paper is prepared by the student

Laboratory Work

None

Computer Use

None

Other Activities

None

Assessment Methods

Assessment Tools	Count	Weight
Presentation	1	% 20
Paper Submission	1	% 40
Final Examination	1	% 40
TOTAL		% 100

Course Administration

ECTS Student Workload Estimation

Activity	No/Weeks	Hours			Calculation
	No/Weeks per Semester	Preparing for the Activity	Spent in the Activity Itself	Completing the Activity Requirements
Course Hours	14	2	2	2	84
Presentations / Seminar	1	10	1		11
Homework Assignments	1	20	1	1	22
Final Examination	1	20	1		21
Total Workload					138
Total Workload/25					5.5
ECTS					6