Anonim Şirket Pay Sahibinin Hak ve Yükümlülüklerinden Kaynaklanan Uyuşmazlıkların Çözümünde Tahkime Elverişlilik

Abstract

In today's world, the acceleration of international trade has led to the emergence of many disputes. The increase in disputes, especially of an international nature, has led the parties to prefer alternative resolution mechanisms instead of state courts. However, this situation has raised the question of whether arbitration can be used to resolve disputes regarding company law.

The aim of this study is to examine the arbitrability of disputes regarding joint stock companies, especially those arising from the rights and obligations of shareholders, within the framework of the opinions in the doctrine and the decisions of the Supreme Court.

Our thesis consists of two main headings. In the first part, what is understood from the concepts of arbitration and arbitrability and the elements taken into consideration in determining arbitrability are mentioned and detailed information is given regarding the arbitration clause to be regulated in the articles of association of the joint stock company and the shareholders' agreement. In the second part, the disputes arising from the rights and obligations of joint stock company shareholders and the arbitrability of the said disputes are discussed in line with the discussions in the doctrine.