In practice in international trade, the reconciliation rules of the ICC are mostly used.(ICC Mediation Rules) As a precondition for arbitration by the parties, recourse to reconciliation can be used as a condition.
The Conciliation Rules of the ICC entered into force on January 1, 2014 and are being implemented.
During the reconciliation process, the parties can end the process at any time. The procedure is not binding, but if reconciliation takes place and the parties sign a settlement agreement, they will be bound by the terms contained in this text.
The most important issue in reconciliation is confidentiality.
The proposals or opinions expressed by the parties during the reconciliation process, the offers made by the mediator or the statement of acceptance of any of the offers cannot be used as evidence.
ICC arbitration rules do not require a mandatory conciliation procedure.
If the competent court in terms of law to be applied to the dispute is not determined by the parties, if the jurisdiction agreement or the jurisdiction condition is not arranged, the general authorization rules are applied.
MÖHUK art. 47 “In cases where the jurisdiction is not determined on the basis of exclusive jurisdiction, the parties may agree that the dispute between them, which has an element of foreignness and arising from debt relations, will be heard in the court of a foreign state. The agreement is valid only if it is proven by written evidence. "
Pursuant to Article 47 of MÖHUK, parties may decide that a dispute arising from a debt relationship with a foreign element will be heard in a foreign state court in cases where the jurisdiction is not determined on the basis of exclusive jurisdiction. It can be arranged subject to jurisdiction condition or by independent jurisdiction agreement.
What should be noted here is that MÖHUK allows the execution of an jurisdiction agreement only in terms of disputes arising from debt relationship. However, there are no restrictions on the parties to the jurisdiction agreement, and public legal entities can also make an agreement on jurisdiction.
Arbitration may also be decided as a solution to the disputes, or the dispute may be brought to arbitration as required by the legislation.
There are four different views on the legal nature of arbitration. However, in general, we can define the way of arbitration as the settlement of commercial disputes by an arbitration commission expert arbitrators outside the authority of state courts.
The fact that the arbitration remedy is faster than the courts, it serves the equality of the parties, the lack of trust in the local courts of different nationalities, the need for the resolution of the dispute by experts and experienced persons, the confidentiality of the process and the convenience in the recognition and enforcement procedure lead the parties to arbitration.
Another important point here is that not every country is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards known as New York Convention. Recognition and enforcement may even be impossible for non-party countries.
It should be kept in mind that arbitration is not possible for every dispute, for example, disputes regarding real estate, other disputes regarding public order and labor law cannot be brought to arbitration.
The 1961 European Convention on International Commercial Arbitration and the New York Convention prepared by UNCITRAL on arbitration are among the important works.
The UNCITRAL arbitration rules are among the most preferred rules in Ad Hoc, that is, in arbitration where the parties determine the procedures and principles of the arbitration and the rules regarding the ion of arbitrators.
In institutional arbitration, issues related to arbitration are regulated by the relevant institution.
The parties may be content with only referring to their acceptance of the arbitration of this institution in the arbitration agreement or its term.
Some international arbitration organizations;
ICC RULES OF ARBITRATION
INTER AMERICAN COMMERCIAL ARBITRATION COMMISSION ARBITRATION RULES
AMERICAN ARBITRATION ASSOCIATION
THE LONDON COURT OF INTERNATIONAL ARBITRATION
Security and the service provided to the parties are important reasons for choosing the institutional arbitration method.