International Private Law, Commercial Law and Law of Obligations. As a basis for
the evaluation, bills of lading are discussed in this chapter under two separate
classifications; namely, the “liner bill of lading” and the “charterparty bill of lading”.
1
2 Assessment in Terms of Arbitration Legislation
Arbitration is a widely invoked procedure due to its speedy and is a relatively
inexpensive way of settling international commercial disputes. It is also suitable
regarding to the resolution of issues with technical knowledge requirement. In the
discussion below, first, the conditions of validity pertaining to an arbitration agreement are assessed in general terms and thereafter the validity of the arbitration clause
or reference to another instrument containing an arbitration clause is examined.
2.1 Determining the Validity of Arbitration Agreement
At present, the principals for determining the validity of arbitration clauses are
governed by the provisions of the laws enacted for the enforcement of arbitration
awards. Within the scope of Turkish law, the legal provisions pertaining to arbitration may be enumerated as follows:
1. Dated 08.05.1991 and numbered 3731: “Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (dated 10th of June 1958)”, which
entered into force through publication in the Official Gazette No. 20877 dated
21.05.1991.
2. International Arbitration Law (IAL), Law No. 4686, accepted on 21.06.2001,
with the effective date 05.07.2001 through publication in the Official Gazette
No. 24453.
3. Act on Private International and Procedural Law (APIPL), Law No. 5718
accepted on 27.11.2007, with the effective date 12.12.2007 through publication
in the Official Gazette No. 26728.
With regard to Turkish legislation, arbitral awards based on arbitration proceedings are divided into two types as follows:
1 Charter party bills of lading are assigned based on the charter parties that are set. In this type of bill
of lading a reference is made to the charter party concerned and by that way the terms and conditions
of the bill of lading are made enforceable for the charter party concerned. This type of bill of lading,
is used for vessels of which their voyage is designated independently mostly called as “tramp
service”. Liner bills of lading, instead, are used for vessels that are navigating in a designated route
and within the scope of designated trip details and the clauses involved in the agreements
concerning the conveyance that will be made by these vessels are not drawn up on a separate
charter party, instead, they are drawn up directly on the reverse side of the bill of lading issued.
2
P. Akan
the evaluation, bills of lading are discussed in this chapter under two separate
classifications; namely, the “liner bill of lading” and the “charterparty bill of lading”.
1
2 Assessment in Terms of Arbitration Legislation
Arbitration is a widely invoked procedure due to its speedy and is a relatively
inexpensive way of settling international commercial disputes. It is also suitable
regarding to the resolution of issues with technical knowledge requirement. In the
discussion below, first, the conditions of validity pertaining to an arbitration agreement are assessed in general terms and thereafter the validity of the arbitration clause
or reference to another instrument containing an arbitration clause is examined.
2.1 Determining the Validity of Arbitration Agreement
At present, the principals for determining the validity of arbitration clauses are
governed by the provisions of the laws enacted for the enforcement of arbitration
awards. Within the scope of Turkish law, the legal provisions pertaining to arbitration may be enumerated as follows:
1. Dated 08.05.1991 and numbered 3731: “Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (dated 10th of June 1958)”, which
entered into force through publication in the Official Gazette No. 20877 dated
21.05.1991.
2. International Arbitration Law (IAL), Law No. 4686, accepted on 21.06.2001,
with the effective date 05.07.2001 through publication in the Official Gazette
No. 24453.
3. Act on Private International and Procedural Law (APIPL), Law No. 5718
accepted on 27.11.2007, with the effective date 12.12.2007 through publication
in the Official Gazette No. 26728.
With regard to Turkish legislation, arbitral awards based on arbitration proceedings are divided into two types as follows:
1 Charter party bills of lading are assigned based on the charter parties that are set. In this type of bill
of lading a reference is made to the charter party concerned and by that way the terms and conditions
of the bill of lading are made enforceable for the charter party concerned. This type of bill of lading,
is used for vessels of which their voyage is designated independently mostly called as “tramp
service”. Liner bills of lading, instead, are used for vessels that are navigating in a designated route
and within the scope of designated trip details and the clauses involved in the agreements
concerning the conveyance that will be made by these vessels are not drawn up on a separate
charter party, instead, they are drawn up directly on the reverse side of the bill of lading issued.
2
P. Akan