Alternatif Uyuşmazlık Çözümü Dergisi

Yazarlar: Anthony Abrahams

Konular:-

DOI:10.52703/ay.71

Anahtar Kelimeler:Arbitration,International arbitration,ICC Arbitration Rules,ICC 2021 Arbitration Rules.

Özet: The development of the Alternative Dispute Resolution (ADR) Masters programme being delivered by Bursa Uludag University in Bursa, Turkey exemplifies the success that can be achieved when stakeholders act co-operatively. In February 2020, at a Bursa Chamber of Commerce and Industry (BTSO) conference in Bursa, a question was raised regarding a contractual dispute. The contract signed by the entrepreneur business owner contained a dispute resolution clause, but the company management had no concept of how it was to be operated. The company found itself with not just a contract dispute but also a dispute as to interpretation of the dispute resolution clause, a double whammy. ADR, or dispute avoidance, dispute management and dispute resolution should be thought about right from the outset of any commercial relationship. The need for a practical, pragmatic approach is clearly required. Disputes are disruptive and costly. The direct costs of commercial claims resolved through litigation, for example, are estimated at approximately $870bn globally, according to the US Chamber of Commerce. ‘Corporate Disputes Jan – Mar 2020.’ In addition, the time spent by management could well double the true cost to business.

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