NEWSLETTER-2019-metin

128 NEWSLETTER 2019 There is consensus among legal scholars regarding the arbitrabil- ity of disputes between shareholders. This view was supported dur- ing the period of the abrogated Turkish Commercial Code numbered 6762, and stands now, i.e. after implementation of the current Turkish Commercial Code numbered 6102 (“TCC”). The Court of Appeal upholds this view, as well, and is clear from the extracts of its decisions provided, below: “… since disputes between the shareholders and disputes between the shareholders and the company is subject to an arbit- ration clause foreseen in the company’s articles of association, the timely made jurisdictional objection by the respondent’s counsel is upheld …” 1 “… since the share purchase agreement relating to the sale of shares in a joint stock company is not related to public order, the arbitration clause in the agreement is deemed valid …” 2 Unlike the consensus in relation to the arbitrability of disputes between shareholders, there is no agreement in the doctrine regarding the arbitrability of corporative disputes. Corporative disputes Corporative disputes may be defined as disputes arising out of corporate law related to the structure and operation of the company, as well as disputes between the company and its shareholders. Examples of these types of disputes include the determination of the nullity or the cancellation of general assembly resolutions, lawsuits relating to the liability of the members of the board of directors, the dissolution of companies for just cause, lawsuits arising out of mergers or split-off of companies, expulsion of a shareholder, and etc. There are diverging viewpoints amongst legal scholars on the arbitrability of these types of disputes. Certain scholars argue that disputes concerning an economic interest should be arbitrable. These scholars argue that disputes relating to the cancellation of general as- 1 11. CC, E. 2008/9429, K. 2010/1648, 15.02.2010. 2 11. CC, E. 2010/1129, K. 2010/4904, 04.05.2010.