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- Title
MİLLETLERARASI TİCARET ODASI TAHKİM DİVANI KURALLARI IŞIĞINDA TİCARİ TAHKİMDE HAKEM SEKRETERLİĞİ.
- Authors
AYDOĞAN, Üyesi Gökhan; ÖZKORKUT, Korkut
- Abstract
Arbitration is a dispute resolution method that aims to resolve disputes by independent experts, outside the state judiciary, in a more qualified, faster, more flexible and lower-cost manner, and is essentially a judicial dispute resolution method. Although the persons who are essentially important in the conduct of arbitration proceedings are the arbitrators, the "arbitral secretary" who can be assigned to assist these persons has important aspects in terms of the characteristics of arbitration. The national legislation on arbitration is silent about the arbitral secretariat; the rules of arbitration institution generally include neither provisions nor principles regarding the arbitral secretariat. This creates an important legal gap. Although it is one of the key subjects of the arbitration process, insufficient normative and theoretical basis on the issue constitutes the main legal problem. The study aims to discuss the definition and legal nature of the arbitral secretary, how the provisions applicable to the activities of arbitrators should be determined, the manner and time of appointment, their qualifications, functions, challenge, rights, duties and obligations, their relationship with the other subjects in the arbitration proceedings and the principles of legal liability. At this point, taking into account concrete legal problems, the essence of the arbitral secretariat activity and its place in arbitration proceedings will be explained, as well as the provisions, customs and established practices. In particular, the arbitral secretariat in arbitration will be examined with reference to certain rules determined by the International Chamber of Commerce (ICC) the International Court of Arbitration, which affects the determination of the rules of different arbitration institutions in terms of commercial arbitration as the most predominant arbitration institution.
- Subjects
INTERNATIONAL Chamber of Commerce; DISPUTE resolution; INTERNATIONAL arbitration; ARBITRATION &; award; LEGAL liability; INTERNATIONAL trade; INTERNATIONAL courts
- Publication
Banking & Commercial Law Journal / Banka ve Ticaret Hukuk Dergisi, 2023, Vol 39, Issue 3, p523
- ISSN
1300-1396
- Publication type
Article