TERMINATION OF PROCEEDING IN INTERNATIONAL ARBITRATION LAW VIA AWARD (Studying the Turkish Legislation in the light of UNCITRAL Model Law)

In the scope of our study, after giving biref information about arbitral proceeding we have focused systematically on termination of arbitral proceeding via award. In the context of the research, Turkish International and Domestic Arbitration Rules (MTK, HMK) investigated based on UNCITRAL Model Law...

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Autor principal:	Mahmut ALMAS
Formato:	article
Lenguaje:	DE EN FR TR
Publicado:	Fırat University 2019
Materias:	termination of arbitral proceeding decision award uncitral mtk Social Sciences H Social sciences (General) H1-99
Acceso en línea:	https://doaj.org/article/6e0495ad28094da4bdfa37c67b4cf8e8
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spelling	oai:doaj.org-article:6e0495ad28094da4bdfa37c67b4cf8e82021-11-24T09:20:37ZTERMINATION OF PROCEEDING IN INTERNATIONAL ARBITRATION LAW VIA AWARD (Studying the Turkish Legislation in the light of UNCITRAL Model Law)2148-416310.9761/JASSS7910https://doaj.org/article/6e0495ad28094da4bdfa37c67b4cf8e82019-08-01T00:00:00Zhttps://jasstudies.com/index.jsp?mod=tammetin&makaleadi=943844753_22-Mahmut%20Almas.pdf&key=29000https://doaj.org/toc/2148-4163In the scope of our study, after giving biref information about arbitral proceeding we have focused systematically on termination of arbitral proceeding via award. In the context of the research, Turkish International and Domestic Arbitration Rules (MTK, HMK) investigated based on UNCITRAL Model Law, on the other hand ISTAC Arbitration Rules has examined based on the ICC Arbitration Rules. During the study, we tried to explore similarites and differences among the national and the international rules and regulations about the arbitration. One of the main purpose of the study is to collect the items in the different rules and national laws which is related with termination of proceeding and perform comparative analysis of the such regulations. As we see during the study, as any other country in the World, we have national laws which are mostly in allignment with the UNCITRAL Model Law. Harmonizaiton among the national and international arbitraiton law which become an essential part of the international commerce is a püre fact which is not ignorable. On the other hand, after brief literature survey we can easily see that there is a lack of academic records on the termination of proceeding area in the arbitration law both in the nataional and international law. Especially in our country, this deficiency causes serious problems in the arbitral proceeding and the enforcement of the awards. In our study, we try to make a classficiation for the decisions as the award and the order. And we tried to indicate the problems that arises because of the lack of clasfication for the decisions by investigations of the tribunal decisions. Conesquently, we believe that it is necessary to make a classfication as award and order, clarify the differences between the different type of decisions is crucial for our naitonal law. For this reason, in our study we tried to make clear the differences between different type of decisions and we focused on the terminaiton fo proceeding via award systematically in this context.Mahmut ALMASFırat Universityarticletermination of arbitral proceedingdecisionawarduncitralmtkSocial SciencesHSocial sciences (General)H1-99DEENFRTRJournal of Academic Social Science Studies , Vol 12, Iss 77, Pp 315-334 (2019)
institution	DOAJ
collection	DOAJ
language	DE EN FR TR
topic	termination of arbitral proceeding decision award uncitral mtk Social Sciences H Social sciences (General) H1-99
spellingShingle	termination of arbitral proceeding decision award uncitral mtk Social Sciences H Social sciences (General) H1-99 Mahmut ALMAS TERMINATION OF PROCEEDING IN INTERNATIONAL ARBITRATION LAW VIA AWARD (Studying the Turkish Legislation in the light of UNCITRAL Model Law)
description	In the scope of our study, after giving biref information about arbitral proceeding we have focused systematically on termination of arbitral proceeding via award. In the context of the research, Turkish International and Domestic Arbitration Rules (MTK, HMK) investigated based on UNCITRAL Model Law, on the other hand ISTAC Arbitration Rules has examined based on the ICC Arbitration Rules. During the study, we tried to explore similarites and differences among the national and the international rules and regulations about the arbitration. One of the main purpose of the study is to collect the items in the different rules and national laws which is related with termination of proceeding and perform comparative analysis of the such regulations. As we see during the study, as any other country in the World, we have national laws which are mostly in allignment with the UNCITRAL Model Law. Harmonizaiton among the national and international arbitraiton law which become an essential part of the international commerce is a püre fact which is not ignorable. On the other hand, after brief literature survey we can easily see that there is a lack of academic records on the termination of proceeding area in the arbitration law both in the nataional and international law. Especially in our country, this deficiency causes serious problems in the arbitral proceeding and the enforcement of the awards. In our study, we try to make a classficiation for the decisions as the award and the order. And we tried to indicate the problems that arises because of the lack of clasfication for the decisions by investigations of the tribunal decisions. Conesquently, we believe that it is necessary to make a classfication as award and order, clarify the differences between the different type of decisions is crucial for our naitonal law. For this reason, in our study we tried to make clear the differences between different type of decisions and we focused on the terminaiton fo proceeding via award systematically in this context.
format	article
author	Mahmut ALMAS
author_facet	Mahmut ALMAS
author_sort	Mahmut ALMAS
title	TERMINATION OF PROCEEDING IN INTERNATIONAL ARBITRATION LAW VIA AWARD (Studying the Turkish Legislation in the light of UNCITRAL Model Law)
title_short	TERMINATION OF PROCEEDING IN INTERNATIONAL ARBITRATION LAW VIA AWARD (Studying the Turkish Legislation in the light of UNCITRAL Model Law)
title_full	TERMINATION OF PROCEEDING IN INTERNATIONAL ARBITRATION LAW VIA AWARD (Studying the Turkish Legislation in the light of UNCITRAL Model Law)
title_fullStr	TERMINATION OF PROCEEDING IN INTERNATIONAL ARBITRATION LAW VIA AWARD (Studying the Turkish Legislation in the light of UNCITRAL Model Law)
title_full_unstemmed	TERMINATION OF PROCEEDING IN INTERNATIONAL ARBITRATION LAW VIA AWARD (Studying the Turkish Legislation in the light of UNCITRAL Model Law)
title_sort	termination of proceeding in international arbitration law via award (studying the turkish legislation in the light of uncitral model law)
publisher	Fırat University
publishDate	2019
url	https://doaj.org/article/6e0495ad28094da4bdfa37c67b4cf8e8
work_keys_str_mv	AT mahmutalmas terminationofproceedingininternationalarbitrationlawviaawardstudyingtheturkishlegislationinthelightofuncitralmodellaw
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TERMINATION OF PROCEEDING IN INTERNATIONAL ARBITRATION LAW VIA AWARD (Studying the Turkish Legislation in the light of UNCITRAL Model Law)

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