Milletlerarası Özel Hukukta Arabuluculuk

---

Thesis Type: Doctorate

Institution Of The Thesis: Akdeniz University, Institute of Social Sciences, Private Law, Turkey

Approval Date: 2019

Thesis Language: Turkish

Student: GÜVEN YARAR

Supervisor: Necla Öztürk

Open Archive Collection: AVESIS Open Access Collection

Abstract:

Although significant progress has been achieved in different legal systems and Turkish law in terms of settlement of disputes through mediation for last years, there is uncertainty regarding mediation activities that include foreign elements. The reason is that there is not much legal regulation and monographic studies on the effect of mediation activity being linked to more than one legal order over mediation process. For this reason, it is very important theoretically and practically to identify the issues of Conflict of Laws and International Procedural Law that may occur in case of mediation activity involving foreign elements. In this study, first of all, general information concerning mediation is given and the legal aspect of mediation is examined in legal systems. Subsequently, the legal aspect of mediation in conflict of law was emphasized and it was understood that the terminology should be established in order to solve the Conflicts of Laws that may occur within the scope of mediation activity. In this context, the framework of national, international and international commercial mediation is outlined. Then, the assessment of the law to be applied to the mediation and mediation agreement which is the cornerstones of the mediation activity was made, possible problems related to the mediability and mediation of the mediator's rights and obligations were identified and solutions were proposed. Within the scope of mediation law aspect of International Procedural Law, the importance of the law to be applied to mediation procedure and the criteria that can be used in determining this law are included. Following this, the international agreement document which was formed by the successful completion of the mediation activity which is connected with more than one legal order was emphasized. In this context, an assessment was made on the conditions acceptable to the existence of the international convention. Finally, the need for the recognition and enforcement of the international agreement document was determined and our study was completed making results and evaluations by including the prerequisite and essential conditions for the recognition and enforcement of the international agreement document and the recognition-enforcement procedure.