Hukuk Fakültesi

Permanent URI for this communityhttps://gcris.khas.edu.tr/handle/20.500.12469/50

Browse

Browsing Hukuk Fakültesi by Author "Ersoy, Yunus Emre"

Filter results by typing the first few letters
Now showing 1 - 1 of 1
  • Thumbnail Image
    Article
    Citation Count: 0
    ARE THE ARBITRATORS SUITABLE TO APPLY PUBLIC POLICY PROVISIONS IN INTERNATIONAL COMMERCIAL ARBITRATION?
    (Seçkin Yayıncılık, 2017) Ersoy, Yunus Emre
    States virtually maintain some restrictions upon the subject matter of arbitration such as states’ public policy provisions. The extent of public policy in the international commercial arbitration becomes more comprehensive than that of the New York Convention, where it might be a defence against enforcement when the arbitral award is rendered; hence the problem occurs only at the final stage of arbitral process. Besides that, arbitrability also directly relates to public policy provisions that has effect on the base of the arbitration agreement or, more specifically, arbitration clause. It seems that arbitrators will have more discretion in arbitration process as to applying of domestic public policy provisions in the future, but are they really suitable to do that?