A COMPARATIVE RESEARCH on SOME INTERNATIONAL ARBITRATION PROVISIONS of CANADIAN and TURKISH LAW

Arbitration is solving a dispute via the agreement of the parties by the third people that are apart from state judgement. Arbitration is widely preferred in solving international commercial disputes. In order to apply the general principles and rules between the states supporting and benefiting from the system of international commerce, UNCITRAL (United Nations Commission on International Trade Law) enacted a model law on 21.06.1985 with the aim of improving and harmonizing international arbitration. Canada was the first state which formed its international commerce regulation based on the model law and put it into practice in 1986. It has more than twenty years of experience regarding the model act and it had barely deviate from the corpus that was accepted by UNCITRAL. Canada is an arbitration friendly state. The model law, that was accepted in 1985, is one of the sources taken as a basis in International Arbitration Regulation Act numbered 4686 that was accepted in 2001 in Turkey; however it doesn't show a wide fidelty to the model law as in Canada's regulation. In our research, some of the provisions in international arbitration law of Turkey and Canada will be examined comparatively.