Non-exclusive arbitration agreements: A brief analysis of the Turkish case-law
October 19, 2023
As the validity of an arbitration agreement is a complex and multifaceted topic that requires an extensive and thorough analysis, we focus on what makes an arbitration agreement non-exclusive and the validity of such agreements according to the Turkish case-law.
Turkish Court of Appeal (the Court) designates the parties' declaration of intent to settle their dispute in arbitration an essential element of arbitration agreement. In this context, the Court holds that for an arbitration agreement to be valid, parties' declaration of such intent must be explicit and unequivocal in a manner that leaves no room for any debate or uncertainty as to their intent.
