Effects of Charter Party Arbitration Clauses Under the New Turkish Commercial Code

Abstract

The New Turkish Commercial Code has became effective on 1 July 2012. The new Code covers bareboat charterparty, time charterparty, voyage charterparty and contracts of carriage by sea which is defined in general terms. On the other hand, Turkey is the one of the conracting State of Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 1958) as well as European Convention on International Commercial Arbitration, 1961. In this study, we will examine the effects of the charter party arbitration clauses under the new Turkish Commercial Code and discuss the characteristics of the clauses to be valid under Turkish Law.