ISTANBUL OKAN UNIVERSITY INFORMATION PACKAGE / COURSE CATALOGUE
| Master of Laws in Private Law non-thesis | |||||
| Master | TR-NQF-HE: Level 7 | QF-EHEA: Second Cycle | EQF-LLL: Level 7 | ||
General course introduction information
| Course Code: | ÖHUK536 | ||||||||
| Course Name: | Uluslararası Arabuluculuk ve Tahkim | ||||||||
| Course Semester: | Fall | ||||||||
| Course Credits: |
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| Language of instruction: | TR | ||||||||
| Course Requisites: | |||||||||
| Does the Course Require Work Experience?: | No | ||||||||
| Type of course: | Department Elective | ||||||||
| Course Level: |
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| Mode of Delivery: | Face to face | ||||||||
| Course Coordinator : | Prof. Dr. PERVİN SOMER | ||||||||
| Course Lecturer(s): | |||||||||
| Course Assistants: |
Course Objective and Content
| Course Objectives: | This course aims to explain the methods of mediation and arbitration in disputes involving foreign elements by explaining the concept of alternative dispute resolution. |
| Course Content: | This course; Concept of Alternative Dispute Resolution (AUC), Mediation History of Mediation - Key Features of Mediation - Advantages of Mediation - Whether a Dispute is Eligible for Mediation Criteria to be Applied in Evaluating Non-Mediation - Mediation and Other AUC Methods - Mediation Strategies, EU, USA and Some Mediation in Other Legal Systems- UNCITRAL Mediation Rules- ICC Mediation Rules- ICSID Mediation Rules, Mediation and International Private Law- Mediation Agreement- Law Applicable to Mediation Agreement Mediation Agreement- Law Applicable to Mediator Agreement- Execution of Mediation Agreement Document, Mediation in Turkey Legal Ground of Mediation in Turkey and Basic Legislation - Turkish Law of Conflict Fundamentals of Mediation Law- Functioning and Termination of Optional Mediation in accordance with HUAK, Mandatory Mediation in Turkey Distinctive Features of Mandatory Mediation System- Mandatory Mediation in Commercial Disputes- Mandatory in Labor Law Mediation,Singapore Convention on Mediation, Its Terms and Effects, The Concept of Arbitration- Characteristics of Arbitration Types of Arbitration- Advantages of Arbitration- Current Development of Arbitration- Resources of International Arbitration, Arbitration Agreement- Arbitration Law Applicable to the Agreement - Divisibilty of Arbitration Agreement - Effect of Arbitration Agreement, Arbitration Application and Contents Preparation of the Arbitration Committee - Initial Stages of the Arbitration Process and Preparation of the Duty Document - In the Arbitration Process Preparation of the Schedule, Jurisdiction and Limits of the Arbitration Panel - Temporary Legal Protection Measures in Arbitration, Arbitrator Award - Recognition and Enforcement of Arbitral Award - Scope of Application of the New York Convention - Enforcement in accordance with the New York Convention Terms - Grounds for Refusal of Enforcement Pursuant to the New York Convention; includes topics. |
Learning Outcomes
The students who have succeeded in this course;
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Lesson Plan
| Week | Subject | Related Preparation |
| 1) | Information is given about the content and operation of the course. The program determined by Syllabus is introduced. General concepts related to the course are explained. | - |
| 2) | The concept of mediation is defined. National legislation on mediation is examined. | Course book |
| 3) | The element of foreignness is defined. The legislation on the element of foreignness is examined. In disputes with foreign element, mediation is considered. | Course book |
| 4) | The principles of mediation are defined. The importance of these principles in the mediation solution is explained. In the dispute resolution process, the effects of the principles are evaluated through examples. | Course book |
| 5) | Mediation ethical rules are defined. The importance of ethical rules in conflict resolution is evaluated. | Course book |
| 6) | International mediation practice examples are given and evaluations are made on these examples. Discussion is made. | Course book |
| 7) | Information about the history of the Singapore Convention is given. Contract clauses are examined. | The Singapore Convention |
| 8) | The concept of arbitration is defined. Information on the development of the arbitration institution is given. Arrangements in national legislation on arbitration are examined. | Course book |
| 9) | The element of foreignness is evaluated. In disputes involving foreign element, arbitration solution is examined. | Course book |
| 10) | The principles governing the arbitration dispute procedure are explained. The importance of these principles in arbitration is evaluated. | Course book |
| 11) | The ethical rules governing the arbitration solution are explained. The importance of ethical rules is evaluated. | Course book |
| 12) | International arbitration practice examples are examined. | Course book |
| 13) | Detailed information is given about the New York Convention. Convention clauses are examined. A general assessment is made. | The New York Convention. |
| 14) | Student presentations are made. | The presentation is prepared. |
Sources
| Course Notes / Textbooks: | ARABULUCULUK VE TAHKİM MEVZUATI Mustafa Serdar ÖZBEK Ferhat Yıldırım-Avusturya ve Türkiye'de Alternatif Uyuşmazlık Çözüm Kanunları, On İki Levha Yayıncılık, 2015 S. Roberts and M. Palmer, Dispute Processes: ADR and The Primary Forms of Decision Making, Cambridge University Press, 2005 İlgili Sözleşmeler |
| References: | ARABULUCULUK VE TAHKİM MEVZUATI Mustafa Serdar ÖZBEK Ferhat Yıldırım-Avusturya ve Türkiye'de Alternatif Uyuşmazlık Çözüm Kanunları, On İki Levha Yayıncılık, 2015 S. Roberts and M. Palmer, Dispute Processes: ADR and The Primary Forms of Decision Making, Cambridge University Press, 2005 İlgili Sözleşmeler |
Course-Program Learning Outcome Relationship
| Learning Outcomes | ||||||||
|---|---|---|---|---|---|---|---|---|
| Program Outcomes | ||||||||
| 1) To develop their knowledge of the concepts and institutions or methods of private law and sub-disciplines of private law at the level of expertise | ||||||||
| 2) Using the knowledge at the level of expertise acquired in the field of private law and sub-disciplines of private law in the analysis of issues and issues related to the theory and practice of law | ||||||||
| 3) Independently conduct a specialist study in private law and sub-disciplines of private law | ||||||||
| 4) Transferring the current level of knowledge in the fields of private law and in the sub-disciplines of private law, and current developments regarding the theory and practice of law in written and verbally. | ||||||||
| 5) Law concepts and institutions, established law enforcement and legal rules to critically examine and develop them when necessary | ||||||||
| 6) Using research skills such as source browsing and editing, knowledge transfer / presentation using technology | ||||||||
| 7) Expressing the findings of the research at the level of expertise orally and in writing in an academic language | ||||||||
| 8) Conducting a research in the field of private law, alone or in a group, using appropriate methods | ||||||||
| 9) To analyze and interpret private law concepts internationally analytically | ||||||||
Course - Learning Outcome Relationship
| No Effect | 1 Lowest | 2 Low | 3 Average | 4 High | 5 Highest |
| Program Outcomes | Level of Contribution | |
| 1) | To develop their knowledge of the concepts and institutions or methods of private law and sub-disciplines of private law at the level of expertise | |
| 2) | Using the knowledge at the level of expertise acquired in the field of private law and sub-disciplines of private law in the analysis of issues and issues related to the theory and practice of law | |
| 3) | Independently conduct a specialist study in private law and sub-disciplines of private law | |
| 4) | Transferring the current level of knowledge in the fields of private law and in the sub-disciplines of private law, and current developments regarding the theory and practice of law in written and verbally. | |
| 5) | Law concepts and institutions, established law enforcement and legal rules to critically examine and develop them when necessary | |
| 6) | Using research skills such as source browsing and editing, knowledge transfer / presentation using technology | |
| 7) | Expressing the findings of the research at the level of expertise orally and in writing in an academic language | |
| 8) | Conducting a research in the field of private law, alone or in a group, using appropriate methods | |
| 9) | To analyze and interpret private law concepts internationally analytically |
Learning Activity and Teaching Methods
Assessment & Grading Methods and Criteria
Assessment & Grading
| Semester Requirements | Number of Activities | Level of Contribution |
| Midterms | 1 | % 30 |
| Final | 1 | % 70 |
| total | % 100 | |
| PERCENTAGE OF SEMESTER WORK | % 30 | |
| PERCENTAGE OF FINAL WORK | % 70 | |
| total | % 100 | |
Workload and ECTS Credit Grading
| Activities | Number of Activities | Workload |
| Course Hours | 14 | 42 |
| Total Workload | 42 | |