Milletlerarası Ticari Tahkimde Davaların Birleştirilmesi Koşullarına İlişkin Düzenlemeler

Abstract

This thesis aims to examine the regulations on the consolidation of cases in international commercial arbitration. International commercial arbitration is a widely preferred method of dispute resolution in the business world. While examining the regulations on the consolidation of cases in international commercial arbitration, it is important to understand the contractual nature of arbitration. In the introduction section of the thesis, regulations in national laws and the consolidation of cases in state jurisdiction, the need for consolidation in state jurisdiction, and the objectives of this institution are examined. In this section, important examples and court decisions in practice are also analyzed in terms of understanding the objectives of consolidating cases in arbitration. Then, in the first section, the need for consolidating cases in arbitration, the legal regime and procedure regarding the consolidation of cases in arbitration, and the regulations of arbitration institutions are evaluated. The procedure for making the decision to consolidate cases in ad-hoc and institutional arbitration, and the rules governing consolidation by arbitration institutions from the past to the present have been examined. In the second section, the conditions for consolidation in arbitration proceedings and how and by whom the consolidation conditions will be interpreted are discussed. In the conclusion section, the deductions made throughout the thesis are summarized, and the issues to be considered when making the decision to consolidate cases are reiterated.