ALTERNATIVE DISPUTE RESOLUTION (ADR) IN TURKEY

The article discusses the experience of alternative dispute resolution in Turkey. Both legal norms and the practical mechanism of action for resolving disputes on the territory of the country in question are considered. Examples of mediation are considered as one of the preferred mechanisms of ADR (alternative dispute resolution) in Turkey. The main bodies that offer arbitration services in Turkey are considered in detail: the Istanbul Arbitration Center, the Turkish Union of Chambers and Commodity Exchanges, the Arbitration Institution of the Istanbul Chamber of Commerce, the Arbitration Council of the Turkish Football Federation, the Mediation Center. The article provides examples of ISTAC (Istanbul Arbitration Center) consideration of cases of both internal and global or broader regional interests. A testament to the quality of the institution is the arbitration board, which is headed by the center, which consists of renowned practitioners and scholars from both Turkey and abroad. Some innovations are mentioned in the ISTAC Rules, for example, the ISTAC Rules contain an expedited arbitration procedure. The article analyzes the legislation of Turkey on international commercial arbitration, and also indicates measures for the recognition and enforcement of decisions of international commercial arbitration. A recognition of the decision of the ICAC in Turkey is just a recognition of the validity of the documents, but not the obligation to fulfill it. If the main goal is to enforce the decision, then recognition alone will not be enough. The article also focuses on alternative ways of resolving tax disputes and their application in Turkey. The article deals with the problem of resolving commercial disputes online. Conclusions are made on the application of foreign experience in the field of alternative dispute resolution.

alternative dispute resolution, Istanbul Arbitration Center, mediation, intermediation, negotiations, arbitration, Turkish Union of Chambers and Commodity Exchanges, Arbitration Institution of the Istanbul Chamber of Commerce, Mediation Center, ICAC in Turkey, tax disputes

Telyshev V. V. Alternative dispute resolution (ADR) in Turkey. Business. Education. Law, 2021, no. 4, pp. 211—217. (In Russ.) DOI: 10.25683/VOLBI.2021.57.404.