International arbitration is a specific mechanism established with the purpose of final and binding resolution of the disputes based on a contractual or other legal relationship containing an international element by the impartial and independent arbitrator or arbitrators in accordance with the procedure and the applicable law chosen directly or indirectly by the parties. In order to bring a dispute to arbitration, the parties should have explicit consent on resolution of this dispute by an international arbitration tribunal. Main advantages of international arbitration compared to national court proceedings are (i) flexible procedure, (ii) suitability for international transactions, (iii) internationally final and binding determination, (iv) international enforcement (v) neutrality, (vi) expert arbitrators, (vii) confidentiality, and (viii) expedition.
Özcan Legal provides legal advice on each and every aspect of international arbitration proceedings. This includes but is not limited to (i) legal consultancy on the dispute resolution provisions of the commercial contracts, (ii) advising on pre-arbitration procedures such as amicable settlement process and other procedures such as expert or dispute adjudication board proceedings and (iii) representation of its clients in international arbitration proceedings including the recognition and enforcement or annulment of the arbitral awards rendered in these international arbitration proceedings.
International Commercial Arbitration
Few arbitration rules define commercial disputes or commercial transactions. The rationale behind this decision is to make it possible to accept any dispute that the parties wish to submit to the arbitration institution. International commercial arbitration may be based on any trade transaction for the supply or exchange of goods or services; distribution agreement; commercial representation or agency; factoring; leasing; construction of works; consulting; engineering; licensing; investment; financing; banking; insurance; exploitation agreement or concession; joint venture and other forms of industrial or business co-operation; carriage of goods or passengers by air, sea, rail or road.
Özcan Legal has wide experience in representation of its clients in international commercial proceedings particularly with respect to construction disputes, the disputes arising from supply or exchange of goods, services and the disputes regarding infrastructure and energy projects. Özcan Legal represents its clients in their international commercial proceedings before International Chamber of Commerce (ICC), Swiss Arbitration Center, London Court of International Arbitration (LCIA) and other institutional and ad hoc arbitration proceedings.
International Investment Arbitration
In order to establish a favorable environment for foreign investment and to protect their own citizens, states have concluded large numbers of bilateral investment treaties and multilateral treaties to promote and protect foreign investment such as Energy Charter Treaty and United States, Mexico and Canada Agreement (USMCA).
In terms of resolution of the investment disputes arising from bilateral and multilateral investment treaties, investment arbitration plays a crucial role as the foreign investors have little faith in the courts of the host state and the host states are generally reluctant to submit these disputes to the courts of the investors’ home states.
Most of the bilateral and multilateral investment treaties contain dispute resolution provisions providing for arbitration as the preferred method of dispute settlement. In general, they either provide for ad hoc arbitration under UNCITRAL Rules or under the rules of an acceptable arbitration institution such as International Centre for Settlement of Investment Disputes (ICSID), Stockholm Chamber of Commerce (SCC) or International Chamber of Commerce (ICC).
Founding partner of Özcan Legal, Mr. Turgut Aycan Özcan has more than 10 years’ experience in representation of investors and sovereign states before several ICSID proceedings including the ICSID cases filed on behalf of Turkish investors against several countries in Central Asia and Middle East and representation of sovereign states including the Republic of Türkiye in several ICSID cases.
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