Graduate
Institute of Graduate Studies
Private Law (PHD)
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International Arbitration

Course CodeSemester Course Name LE/RC/LA Course Type Language of Instruction ECTS
OHD1206 International Arbitration 3/0/0 DE 7
Course Goals
Provide information and knowledge as to the topics which fall into the scope of international arbitration law; evaluations of all topics with doctrine and judgments in order to indicate the sources of legal problems and solutions for them in the framework of international treaties; with the knowledge and information to gain an ability to evaluate problems “in an international dimension”.
Prerequisite(s) None
Corequisite(s) None
Special Requisite(s) All students can select the course without any requirement
Instructor(s) Professor Merih Kemal OMAĞ
Course Assistant(s) Res. Asst. Yıldız Diridiri
Schedule Şirinevler Campus, Schedule will be determined by administration.
Office Hour(s) Prof.Dr. Merih Kemal OMAĞ, Floor:4, Room: H-404
Teaching Methods and Techniques -Lecture, discussion, evaluations of arbitral awards
Principle Sources -
1) Nuray EKŞİ/Ergin NOMER/Günseli GELGEL, International Arbitration, Vol. I Beta Publisher, 3rd edition, Istanbul 2008 ISBN978-295-895-1.   2) Nuray EKŞİ/Ergin NOMER/Günseli GELGEL, Legislation and International Treaties on International arbitration, Vol. II Beta Publisher, 3rd edition, Istanbul 2008 ISBN978-295-895-3.
Other Sources -List of the relevant articles and books.
Course Schedules
Week Contents Learning Methods
1. Week The Concept of Arbitration, Advantages and Historical developments Oral presentation (OP)/Case study (CS)
2. Week Basic Concepts of International Arbitration OP
3. Week Legislation and International Treaties of International Arbitration OP
4. Week International Arbitration Centers OP
5. Week Articles of TCPC Relevant to Arbitration OP/CS
6. Week Geneva Convention on International Commercial arbitration OP/CS
7. Week Turkish International Arbitration Act OP/CS
8. Week Turkish International Arbitration Act OP/CS
9. Week The Concepts of Recognition and Enforcement of Foreign Arbitral Awards; Legal Bases of the Recognition and Enforcement of Foreign Arbitral Awards OP/CS
10. Week Recognition and Enforcement of Foreign Arbitral Awards under PILA OP/CS
11. Week Recognition and Enforcement of Foreign Arbitral Awards under New York Convention OP/CS
12. Week General Information on Foreign Capital Investments and Arbitration OP/CS
13. Week The Framework of Foreign Capital Investment Legislation OP/CS
14. Week Settlement of Disputes between Turkish State and Foreign Investor by Arbitration with Particular Reference to ICSID Arbitration OP/CS
15. Week Final Exams Week
16. Week Final Exams Week
17. Week Final Exams Week
Assessments
Evaluation tools Quantity Weight(%)
Midterm(s) 1 30
Final Exam 1 70


Program Outcomes
PO-11. Improve current and advanced knowledge about concepts and institutions in the field of private law and its subdisciplines in a way to be expertise level with specific thought and research; make them deep and reach specific definition and descriptions containing novelty regarding the said concepts and institutions;
PO-22. Analyse and evaluate the theory and practice in the field of private law and subdisciplines by using the knowledge obtained in expert level and reach new and specific results and thoughts accordingly;
PO-33. Evaluate and use the knowledge obtained in the field of private law and subdisciplines in research and/or expertise level with a theoretic and systematic approach;
PO-44. Evaluate a present concept or institution in the field of private law and subdisciplines with a new thought, approach or method or search, analyse a new concept or institution with a specific perspective;
PO-55. Develop solution offers regarding law policy based on theoretic and practical knowledge;
PO-66. Evaluate a present concept or institution in the field of private law and subdisciplines with a new approach and search a new concept or institution with a specific perspective; carry out a specific study independently in accordance with this and contribute to law theory and practice;
PO-77. Contribute to the development of law theory and practice by publishing at least one scientific article in magazines which are peculiar to law field, which are with national or international arbitration and/or which are prestigious and/or by producing a specific work;
PO-88. Develop new thoughts and methods using high level mental processes such as creative and critical thinking, issue solving and decision making in the field of private law and subdisciplines;
PO-99. Defend specific opinions during the discussion of the subjects regarding the field of private law and subdisciplines with those who are expert in the said fields and establishing an effective communication in a way to show the competency in this field;
PO-1010. Follow and discuss the knowledge in the field of law and contacting with colleagues by speaking a foreign language competently;
PO-1111. Establish a functional interaction by using strategic decision-making processes in the solution of issues which result from law theory and practice and which affect social life;
PO-1212. Generalize the approach of honesty, fairness and ethics required for being a lawyer and carry out activity for making this approach dominant in the community;
PO-1313. Contribute to create law and fairness awareness in the community and to the process of continuing this by introducing the values in the field of law to the community.
Learning Outcomes
LO-1Provide information and knowledge as to the legislation and international treaties to which Turkey is a party
LO-2Provide information and knowledge as to the international arbitration centres and arbitration proceedings under these centres
LO-3Provide information and knowledge as to the recognition and enforcement of foreign arbitral awards
LO-4Provide information and knowledge not only the ICSID case but also settlement international investment disputes through arbitration
LO-5Provide information and knowledge as to the arbitration cases against Turkish State and State entities
Course Assessment Matrix:
Program Outcomes - Learning Outcomes Matrix
 PO 1PO 2PO 3PO 4PO 5PO 6PO 7PO 8PO 9PO 10PO 11PO 12PO 13
LO 1
LO 2
LO 3
LO 4
LO 5