NEWSLETTER-2019-metin

132 NEWSLETTER 2019 In France, the jurisprudence, which does not find dissolution arbi- trable, is criticized. In Switzerland, it is aimed to secure the validity of the arbitration clauses included in the articles of association with an amendment to be made in the Draft Law of Obligations. In addition, a qualified majority is sought in order to incorporate a valid arbitration clause into the articles of association, afterwards. It may be opined that the same solution is appropriate in terms of Turkish law, and may eliminate the disagreement between the doctrine and the Court of Cas- sation. In this respect, the provisions to be added to the TCC shall pave the way for arbitration in company law, and disputes concerning company law shall be resolved quickly by experts. Such a solution is necessary to alleviate the burden of the judiciary. Conclusion In my opinion, disputes between shareholders (share purchase agreements and shareholders agreement) are subject to the parties’ will and are, thus, arbitrable. The doctrine and Court of Cassation share this opinion, as well. As for corporative disputes, there are diverging views both in the doctrine and in the jurisprudence of the Court of Cassation. Some legal scholars contend that corporative disputes are not arbitrable, and there are those who argue that only cancellation of general assembly resolutions are arbitrable, and that the dissolution of companies is not. The Court of Cassation finds the cancellation of general assembly resolutions and the dissolution of companies nonarbitrable. As mentioned, above, corporative disputes must be considered on a case-by-case basis. In my opinion, cancellation cases, as well as dissolution of companies, are arbitrable disputes. In order to encour- age arbitration in corporative disputes, a similar amendment that is included in the Draft Swiss Law of Obligations should be made to the TCC.