Batalova M.R. Arbitration clauses within Private international law of the Republic of Turkey

Abstract: This article is dedicated to the issues associated with the use of the arbitration clauses category including the clause of public policy and mandatory (super-mandatory) norms in the legislation of the Republic of Turkey. This issue remains relevant despite the codifi cation of Private international law that took place in this country in 2007. Turkish legislature actively uses both arbitration clauses. As a rule, the elements of public policy that received normative consolidation use the “super-mandatory norms” as the mechanism for defense. Using the positive variation of the clause does not demonstrate the redundancy of such mechanism, rather the specifi city of its purpose. The effects of the negative clause expand into the areas of Private international legal relations where security of public interest cannot be guaranteed by mandatory norms alone.

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