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FONTS

Multi-tiered Dispute Resolution Clauses and their Enforceability

High Court's Decision in UK

Multi-tiered Dispute Resolution Clauses and their enforceability in Turkish Law

Emirates Trading Agency LLC v Sociedade de

Formento Industrial Private Ltd (July 2015)

This recent High Court decision serves as a reminder that multi-tiered dispute resolution

clauses are not necessarily enforceable, and provides insight into key drafting points.

Court Decision about Enforceability

  • Executed in writing.

It can be an arbitration clause in a contract or a separate

agreement.

  • Accord with the rules of the jurisdiction agreed by the parties. In the absence of

an agreement on jurisdiction, it must be valid in accordance with Turkish law.

Legal Framework

Key Drafting Points

Two Decisions of Court of Appeal

  • The 11th Civil Division

Decision No. 2013/16901

  • The 15th Civil Division

Decision No. 2014/4607

  • Defined Process
  • Time Limits
  • Good Faith
  • Article 412 of the Code on Civil Procedure
  • Article 4 of the Turkish International Arbitration Code

A valid arbitration agreement must be:

  • Executed between the parties with the aim of resolving a part or all of the disputes
  • which have arisen or which may arise from the legal relationship between them, whether from a contract or not.
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