International Arbitration and Cross-Border Disputes
A cross-border dispute requires coordinated planning of applicable law, forum and the countries where a decision may need enforcement. Arbitration depends on a valid agreement and an arbitrable dispute; institution, seat, language, number of arbitrators and rules should be stated clearly.
Our review separates Turkish mandatory law and treaties in force for Türkiye from institutional rules such as ISTAC, ICC, UNCITRAL and WIPO, which apply by agreement or an applicable instrument.
What does this cover?
International commercial, licensing, technology, corporate, distribution, construction and investment disputes are reviewed from the arbitration agreement through enforcement.
- International arbitration clauses
- ISTAC, ICC, UNCITRAL and WIPO rules
- Seat, language, tribunal and governing law
- Emergency arbitrator and interim relief
- Evidence, experts and remote hearings
- Recognition and enforcement of awards
- New York and European Conventions
- ICSID investment arbitration
- International mediation and Singapore Convention
- IP and technology arbitration
How do we approach the matter?
We identify the agreement, parties, dispute, asset locations and deadlines, then assess jurisdiction, arbitrability, procedure and interim protection.
What to prepare before your appointment
- Main contract and arbitration clause
- Notices, correspondence and chronology
- Payment, delivery, licence and technical records
Before your appointment, prepare a short chronology, available documents and the support you need. Do not send identity numbers, health information or sensitive case documents through the website.
Frequently asked questions
01Does every international dispute automatically go to arbitration?
No. A valid arbitration agreement covering the dispute and an arbitrable subject are required.
02Are ISTAC and ICC Rules legislation?
No. They are institutional procedural rules chosen by the parties; mandatory law at the seat and applicable treaties remain relevant.
03Is the seat the same as the hearing venue?
Not necessarily. The seat fixes the legal home and court supervision; a hearing may occur elsewhere or online.
04Can a foreign award be enforced directly in Türkiye?
Recognition or enforcement is generally required. The New York Convention, Turkish private international law and refusal grounds must be reviewed.
05Can urgent relief be obtained before the tribunal is formed?
Depending on the clause, rules and seat, an emergency arbitrator or state court may be available.
06Can IP disputes be arbitrated?
Inter partes licensing, transfer, payment and use disputes often can; registration effects against all persons and public powers require separate review.
07Is WIPO arbitration limited to patents?
No. It can cover trademarks, copyright, software, technology transfer and R&D contracts when agreed.
08What does the Singapore Convention do?
It provides a framework to invoke and enforce qualifying international mediated settlement agreements in contracting states.
09Is ICSID available to every foreign investor?
No. State and investor consent, the applicable investment instrument and jurisdictional definitions are required.
10What should an arbitration clause state?
Institution or ad hoc rules, seat, language, number of arbitrators, governing law and scope should be coherent and clear.
Relevant legislation and official sources
- International Arbitration Law No. 4686 (TR)
- Code of Civil Procedure No. 6100 (TR)
- Private International Law and Procedure Law No. 5718 (TR)
- UNCITRAL · New York Convention on Foreign Arbitral Awards (EN)
- UNECE · European Convention on International Commercial Arbitration (EN)
- UNCITRAL · Singapore Convention on Mediation (EN)
- ICSID · Türkiye member-state profile (EN)
- ISTAC · Arbitration and alternative dispute-resolution rules (TR)
- ICC · 2021 Arbitration Rules (EN)
- UNCITRAL · Arbitration Rules (EN)
- WIPO · Arbitration and mediation procedures (EN)
This content concerns legal matters in Türkiye. Foreign law and cross-border transactions require separate assessment.
Content is for general information and is not personal legal advice. Contact alone does not establish a lawyer-client relationship.