Sigorta Uyuşmazlıklarında Arabuluculuk ve Tahkim

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Thesis Type: Postgraduate

Institution Of The Thesis: Istanbul Commerce University, Sosyal Bilimler Enstitüsü, Uluslararası Ticaret ve Avrupa Birliği Anabilim Dalı, Turkey

Approval Date: 2024

Thesis Language: Turkish

Student: İLKNUR ÇAVDAR KISACIK

Supervisor: Ebru Şensöz Malkoç

Open Archive Collection: AVESIS Open Access Collection

Abstract:

Insurance contracts are the risks that a person may face in life and the contracts they have made to get rid of their destructive effects. The insurance company, which is a party to this agreement, is obliged to bear the risk as much as the risk occurs, and to compensate for the damage caused when the risk occurs. The insured may request that the damage be repaired as soon as possible after the risk occurs. But it is not always easy to recover the damage and make the insurance company pay. Although various disputes arising from the insurance contract between the parties are appealed to the state courts for resolution, the workload overload in the courts and the lack of a special specialized court in this area prevent the trial from being completed Decently. However, it is important for the insured, who is a party to the insurance contract, to resolve the dispute in question quickly and to eliminate the insured's damage as soon as possible. For this reason, alternative solutions to the state judiciary have been developed. In our law, insurance disputes can also be resolved through mediation and arbitration institutions. As for which of these institutions will be preferred, what is important depends on what result the parties want to achieve at the end of the process. While the first part of our study focused on the insurance contract, the rights and obligations of the parties, the second part examined alternative dispute resolution methods based on mediation and arbitration, and the third part explained how to resolve insurance disputes through mediation and arbitration. In the conclusion section of the study, the effect of both institutions on the resolution of disputes was evaluated.