Arbitration (tahkim) is a dispute resolution method in which the parties choose the arbitrator (or the arbitrators) and the procedure to be followed. Otherwise, arbitration is similar to litigation in courts as both methods determine which party is right and both render binding final decisions.
The scope of the rules of arbitration in the CoCP are limited to disputes that do not involve any foreign element as defined by the Code of International Arbitration, for which the seat of arbitration is determined as Turkey (art. 407). Disputes arising from rights attached to real property and matters on which the parties may not freely act are not eligible for arbitration (art. 408). Most of the provisions regarding arbitration are not mandatory. However, there are some mandatory provisions regarding which the parties may not agree otherwise. For instance, according to article 423, the parties share equal rights and powers in arbitration proceedings. This principle must be applied by the arbitrator or the arbitral tribunal regardless of how the parties approach the matter. It also needs to be noted that, provisions of the CoCP other than the ones regarding arbitration are not applicable in arbitration proceedings, unless otherwise stated by the Statute (art. 444).
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