ERDEM-NEWSLETTER-2018-metin

153 ARBITRATION LAW conditions of arbitration agreements, such as being in written form, are required for the specific authorization of the agent to conclude an arbitration agreement. According to some, the written form requirement as regulated under the New York Convention for an arbitration agreement shall be applicable merely to the arbitration agreement, and should not be applied to the specific authorization. To the contrary, an opposing view defends that the written form requirement regulated under the New York Convention should be extended to the authorization. The third view on this issue affirms that non-regulation of this issue at the Convention shall not be interpreted as the Convention failing to require any form for authorization. Hence, the form requirement on authorization is to be determined by national laws that may require specific methods for authorization. In Turkish Law, apart from the conclusion of arbitration agree- ments, the matter is discussed for other transactions related to specific authorization. According to one opinion, unless the opposite is stated in law, legal transactions are not subject to form requirement, and there is no regulation as to the formal requirements of such authorization. Another view in the doctrine claims that granting the power of author- ity is subject to the form of the underlying transaction, and adds that a contrary interpretation would conflict with the protective purpose of the law as to the parties. Comparative law has varying opinions on the matter. For instance, the second subparagraph ofArticle 217 of the Greek Code of Procedure requires the same form for the authorization and the transaction to be used. While Article 1008 of the Austrian Civil Code does not require written form for the authorization in order to conclude an arbitration agreement, the doctrine and case law accept the necessity of the writ- ten form 2 . According to Article 1985 of the French Civil Code, and the third subparagraph of Article 110 of the French Commercial Code, the authorization to conclude an arbitration agreement is not subject 2 Mako, Mirando : Form Requirements for Authorisations to Enter Into An Ar- bitration Agreement: The Austrian Perspective, http://www.youngicca-blog.com/ form-requirements-for-authorisations-to-enter-into-an-arbitration-agreement- the-austrian-perspective/#more-1073 (Access Date 12.10.2018).