ARBITRATION ON THE RESOLUTION OF DISPUTES ARISING FROM PUBLIC-PRIVATE PARTNERSHIP AGREEMENTS IN HEALTHCARE INDUSTRY

Abstract

Article 4/11 of the Law on the Construction, Renovation and Service of the Ministry of Health with the Public-Private Partnership Model (Nr. 6428) provides arbitration clause for contracts. In this paper, we analyze the nationality of the arbitral award in disputes subject to the PPP Law and discuss legal remedies against these awards. In this context, if the seat of arbitration in Turkey, there is no need to hesitate on the arbitral award is national. For disputes where the seat of arbitration is determined as a foreign country (outside of Turkey), the foreign arbitral award will come to the fore. In terms of remedies against arbitral awards issued in violation of the PPP Law, three matters were examined. Accordingly, the validity of the arbitration agreement, if the seat of arbitration is currently in Turkey, shall be subject to Turkish law. If the seat of arbitration is located abroad, the validity of the arbitration agreement must be subject to the law of the place of arbitration. If the seat of arbitration is out of Turkey and parties refer to Turkish IAC, this should be understood as refer to applicable law to procedure, not to lex arbitri.