ERDEM-NEWSLETTER-2018-metin

148 NEWSLETTER 2018 efficient, impartial, flexible and confidential manner, in accordance with international standards, by saving time and monetary sources, it should be ensured that public authorities and institutions are informed of arbitration as a dispute resolution mechanism, and further action to be taken, through considering arbitration as a dispute resolution mechanism in the agreements to which public authorities and institu - tions are parties 2 . Following this initiative, through implementation of the regula- tions published in the Official Gazette dated December 30, 2017 and numbered 30286 (reiterated), pertaining to the amendment of the regulations on the agreements to be concluded pursuant to the Public Procurement Contracts Law, important regulations have been adopted in the matter of arbitration selected in public procurement contracts. These regulations pave the way for the selection of arbitration as a dispute resolution mechanism, and especially using ISTAC arbi- tration, in standard contracts to be found in the attachment of imple- mentation regulations pertaining to framework agreement tenders, consultancy service procurement tenders, goods procurement tenders, and construction work tenders. Review of the New Regulations With regard to each one of the services mentioned, above, dispute resolution clauses to be agreed upon in the agreements to be concluded pertaining to public tenders have been drafted, similarly. For the resolution of disputes that may arise during a contractual relationship, there is a choice to be made between Turkish courts and arbitration. If Turkish courts are chosen, competent courts and execution offices are those located at the seat of the relevant administrative author- ity. In the event that Turkish courts are selected, only courts that are located in the seat of the administrative authority may be agreed upon. Another decision that may be taken with regard to the resolu- tion of disputes is arbitration as a dispute resolution mechanism. This mechanism is analyzed, below, in more detail. 2 Prime Ministry Circular No. 2016/25 titled Istanbul Arbitration Centre (ISTAC), OG, 19.11.2016, No. 29893.