ERDEM-NEWSLETTER-2018-metin

Amendments Introduced through Law No. 7101 on Arbitration Proceedings* Prof. Dr. H. Ercument Erdem State courts have very important functions concerning arbitration proceedings. These functions may aim to provide assistance to arbitra- tion proceedings, such as collection of evidence through state courts, which would support the functions of the tribunal, or functions aimed at supervision of arbitration proceedings, such as set-aside actions. The legal provisions regulating these functions play an important role in the determination of whether a particular state has an arbitration- friendly legislation. Important amendments pertaining to the proceedings to be con- ducted by Turkish courts related to arbitration proceedings have been introduced through Law numbered 7101 on Amendment of the En- forcement and Bankruptcy Law and Certain Laws 1 (“Law”). Accord- ingly, the provisions regulating domestic and international arbitrations have been harmonized. Additionally, provisions reflecting current in- ternational arbitration practices have been adopted. The amendments introduced through the Law shall be analyzed in this article. In General Firstly, the Law primarily introduces important amendments to Enforcement and Bankruptcy Law numbered 2004 (“EBL”). These amendments shall not be analyzed in depth in this article; however, it is worth emphasizing the provisions on the abolishment of post- ponement of bankruptcy, amendments on the provisions regulating the concordat, modifications on the provisions on priority of receivables under Art. 206 of the EBL, and introduction of compulsory electronic * Article of March 2018 1 The Law on Amendment of the Enforcement and Bankruptcy Law and Certain Laws, OG, 15.03.2018, No. 30361.