ERDEM-NEWSLETTER-2018-metin

160 NEWSLETTER 2018 Extension of the Arbitration Agreement to the Insurer in terms of Subrogation * Att. Duygu Oner Introduction Arbitration agreements that constitute an exception to the State adjudication are, in principle, valid and binding between parties which conclude arbitration agreements. That being said, in certain cases, the extension of the arbitration agreement to the non-signatory third par- ties comes to the fore. The extension of the arbitration agreement to the insurer within the scope of the subrogation is one exception. The Relativity of the Debtor-Creditor Relationship The debtor-creditor relationship signifies the legal connection between the debtor and creditor, which assures the performance of a certain obligation. In principle, the debtor-creditor relationship is effective and results only between the parties of this relationship. The fact that this relationship results only between the parties is called “ the relativity of the debtor-creditor relationship ” in the doctrine 1 . According to the principle of relativity, arbitration agreements are binding and valid only for the related parties, as well. In principle, it is not possible for persons who are not a party to the arbitration clause to participate in the arbitral proceedings as a party, or to hinge upon the arbitration clause under the contract. Although this is the general prin- ciple, there are certain exceptions to this rule. These exceptions appear to be the extension of the arbitration agreement to non-signatory third parties. * Article of July 2018 1 Oğuzman, Kemal / Öz, Turgut , Borçlar Hukuku Genel Hükümler, Istanbul, 2000, p.23.