The Principle of Separability and Competence – Competence in Turkish Civil Procedure Code No. 6100

Yıl 2013, Cilt: 45 Sayı: 62, 263 - 276, 04.06.2015

Seda Özmumcu

Öz

there are many points which are different. First, parties to litigation can not choose the judge. In contrast, parties to an arbitration can choose the arbitrator or arbitrators because arbitration procedure gives the par- ties the right to resort to arbitration and the right to choose arbitrators.4 Second, in litigation, parties do not have the authority to determine the applicable procedure. To the contrary, in arbitration proceedings, parties may agree on the applicable procedure. Third, in litigation, the rules of substantive law, which will be applied, are predetermined. In contrast, parties to in arbitration, may freely choose the rules of substantive law

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