<

National and International Arbitration in the electronic communications sector

Arbitration means reaching a resolution of legal disputes between people by impartial person(s) called “arbiter” chosen by these parties. Arbitration is a judgement method other than the state’s judgement and an alternative to trials in state courts.
 
The International Chamber of Commerce (ICC) was established in Paris in 1919. Many companies and unions from 139 countries are members of the ICC. The ICC Court of Arbitration, founded in 1923, is not a court which directly resolves disputes.
 
The Code of Civil Procedure (CCP) is the fundamental law which regulates arbitration in the Turkish Law. It mostly constitutes provisions toward domestic arbitration. Due to the fact that the CCP, which was prepared to regulate domestic arbitration in Turkey, was proved to be insufficient, the International Arbitration Law with number 4686 was adopted by the Turkish Grand National Assembly (TBMM) on 06. 21. 2001 and it came into force on 05. 07. 2001 after being published in the Official Gazette.
 
There are 3 GSM contracts of concession signed with operators before the Electronic Communications Law came into force. In all of these concession agreements signed with the GSM operators, it has been adopted that the arbitration rules of the ICC, an institutional arbitration system, should be implemented and that disputes should be resolved by a council of arbiters that is established by these rules and by a trial which was established according to the method determined in these rules. With the Electronic Communications Law going into effect, the authorization regime has been changed and the concession agreements will be valid until the end of the expiration dates.
Beydoğan Law and Consulting has also a huge amount of knowledge and experience as to international arbitration in the sector.