Information Package / Course Catalogue
| Law | |||||
| Bachelor | Length of the Programme: 4 | Number of Credits: 240 | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF: Level 6 |
Ders Genel Tanıtım Bilgileri
| School/Faculty/Institute | Faculty of Law | |||||
| Course Code | HUK 437 | |||||
| Course Title in English | International Arbitration | |||||
| Course Title in Turkish | Uluslararası Tahkim | |||||
| Language of Instruction | TR | |||||
| Type of Course | Flipped Classroom | |||||
| Level of Course | Advanced | |||||
| Semester | ||||||
| Contact Hours per Week |
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| Estimated Student Workload | 62 hours per semester | |||||
| Number of Credits | 2 ECTS | |||||
| Grading Mode | Standard Letter Grade | |||||
| Pre-requisites | None | |||||
| Expected Prior Knowledge | None | |||||
| Co-requisites | None | |||||
| Registration Restrictions | Undergraduate Students Only | |||||
| Overall Educational Objective | The course aims to familiarize students with Turkish and international arbitration legislation and arbitration procedure. | |||||
| Course Description | The course aims to explore national arbitration procedure under Turkish Law on International Arbitration as well as international arbitration procedures. | |||||
| Course Description in Turkish | Derste Türk tahkim mevzuatı uyarınca tahkim prosedürü ve uluslararası tahkim mevzuatı incelenecektir. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Understands the concept of arbitration and the advantages and disadvantages of arbitration. 2) Knows the Turkish arbitration legislation and compares it with international legislation. 3) Understands the problems related to the arbitration agreement and the applicable law. 4) Evaluates and applies the rules applicable to arbitration proceedings. 5) Knows the legal remedies to be applied against arbitration awards. 6) Analyzes foreign arbitration procedures comparatively. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 | 6 |
|---|---|---|---|---|---|---|
| 1) The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | ||||||
| 2) The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | ||||||
| 3) The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | ||||||
| 4) The ability to internalize social, scientific and ethical values while evaluating legal information. | ||||||
| 5) The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | ||||||
| 6) The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | ||||||
| 7) The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | ||||||
| 8) The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | ||||||
| 9) The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | ||||||
| 10) Adoption of a positive approach to the concept of lifelong learning. | ||||||
| 11) The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | ||||||
| 12) The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. |
Relation to Program Outcomes and Competences
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | N | |
| 2) | The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | N | |
| 3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | N | |
| 4) | The ability to internalize social, scientific and ethical values while evaluating legal information. | N | |
| 5) | The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | S | Exam |
| 6) | The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | H | Exam |
| 7) | The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | H | Exam |
| 8) | The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | N | |
| 9) | The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | N | |
| 10) | Adoption of a positive approach to the concept of lifelong learning. | N | |
| 11) | The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | H | Exam |
| 12) | The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. | H | Exam |
| Prepared by and Date | , |
| Course Coordinator | AKTS1 |
| Semester | |
| Name of Instructor |
Course Contents
| Week | Subject |
| 1) | The concept of arbitration, reasons for the use of arbitration proceedings |
| 2) | Regulations on arbitration in Turkish Law |
| 3) | Arbitration under the International Arbitration Law I: Scope of the Law |
| 4) | Arbitration under the International Arbitration Law II: Arbitration agreement |
| 5) | Arbitration under the International Arbitration Law III: Injunction procedure |
| 6) | Arbitration under the International Arbitration Act IV: Choice of applicable law and related issues |
| 7) | Arbitration under the International Arbitration Act V: Selection and independence of arbitrators |
| 8) | Midterm |
| 9) | Arbitration under the International Arbitration Law VI: Arbitration proceedings |
| 10) | Arbitration under the International Arbitration Act VII: Legal remedy against the arbitral award |
| 11) | Arbitration under the International Arbitration Act VII: Legal remedy against the arbitral award |
| 12) | Principles of arbitration under UNCITRAL rules |
| 13) | Principles of arbitration under the New York Convention |
| 14) | Recognition and enforcement of foreign arbitral awards |
| 15) | Finals |
| 16) | Finals |
| Required/Recommended Readings | Ziya Akıncı – Milletlerarası Tahkim, Vedat Kitapçılık Nuray Ekşi/ Ergin Nomer/ Günseli Öztekin – Milletlerarası Tahkim Hukuku Margaret Moses – The Principles and Practice of International Commercial Arbitration, Cambridge University Press *The latest editions of all books are recommended. | ||||||||||||
| Teaching Methods | Students will be assigned small research, presentation and decision analysis assignments. Since the arbitration legislation is based in English, English sources and texts will be used in the course. The course will be taught with Flipped Classroom technique. | ||||||||||||
| Homework and Projects | |||||||||||||
| Laboratory Work | |||||||||||||
| Computer Use | |||||||||||||
| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
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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 | 1 | 2 | 42 | |||
| Laboratory | 14 | 0 | 0 | ||||
| Project | 1 | 0 | 0 | ||||
| Midterm(s) | 2 | 4 | 2 | 12 | |||
| Final Examination | 1 | 6 | 2 | 8 | |||
| Total Workload | 62 | ||||||
| Total Workload/25 | 2.5 | ||||||
| ECTS | 2 | ||||||