Akademik Veri Yönetim Sistemi
Tezin Türü: Yüksek Lisans
Tezin Yürütüldüğü Kurum: İstanbul Ticaret Üniversitesi, Sosyal Bilimler Enstitüsü, Türkiye
Tezin Onay Tarihi: 2018
Tezin Dili: Türkçe
Öğrenci: OLENA DEMCHENKO
Danışman: ŞENSÖZ MALKOÇ EBRU
Özet:Present thesis paper examines main practical approaches to public policy exception and overriding mandatory rules of law application among arbitration institutions, legislators, and courts enforcing arbitral award worldwide. It reflects modern views and classical case-law examples on local (selected countries’ court decisions and arbitration awards) and international level (European and transnational legislation, decisions and model laws of international arbitrational institutions). Current research examines in details expressions of public policy and overriding mandatory rules of law as a part of public policy: embargo, trade restrictions, sanctions; sources of public policy: of national international, supra-national character and place of European public policy in this system. As the practical approach of arbitration institution is the main focus of this paper, the author, basing on international examples in case-law, explains how certain public policy can influence on arbitration award and its further execution – refusal in the arbitration proceeding, award’s enforcement or setting aside the award. Moreover, present thesis underlines the importance of taking into account public policy and overriding mandatory rules of law by parties and arbitrator in the stage of choice of law and venue of arbitration and offers a possible solution for parties to secure arbitrability and enforcement of the award.