TÜRK HUKUKUNDA TAHKİME ELVERİŞLİLİK KAVRAMI VE TAŞINMAZ AYNINA İLİŞKİN UYUŞMAZLIKLARIN TAHKİMDE GÖRÜLMESİ

Abstract

Arbitration is one of the oldest known ways of trial in human history. This judicial system, which has been in existence for a long time, is still important in modern law. Arbitration is the resolution of disputes that may arise between the parties or may arise by a special person or persons selected by the parties in the name of arbitration board, except for the state judiciary. The decision taken as a result of the arbitration is final. A valid arbitration agreement is required for arbitration. In order to be a valid arbitration agreement, certain elements must be included in the agreement. One of the necessary elements for the validity of the arbitration agreement is the existence of an arbitrable matter. Each legal system has evaluated the concept of arbitrability appropriately. Turkish law, on the other hand, accepted that the disputes related to the same immovable property which are not based on the will of the parties are not suitable for arbitration. In this study, first of all, the meaning of arbitration and the elements of the arbitration agreement are discussed. Then, the concept of arbitrability in Turkish Law is explained. After these explanations, the concept of arbitrability in developed countries is examined. Finally, the results of the Turkish Law in terms of the arbitration of disputes regarding the same immovable property and the reasons why disputes related to the same immovable property should be seen in the arbitration are emphasized.

Keywords

• arbitration
• arbitrability
• immovable property