Fransız Tahkim Hukuku Reformu’na Doğru: Yenilikler ve Türk Hukuku Bakımından Çıkarımlar


Namlı M.

ULUSLARARASI SOSYAL BILIMLER DERGISI = INTERNATIONAL JOURNAL OF SOCIAL SCIENCES, cilt.9, sa.41, ss.408-428, 2025 (Hakemli Dergi)

Özet

In the late 20th and early 21st centuries, many states updated their national arbitration legislation in line with the requirements of modern arbitration law and generally based on the UNCITRAL Model Law. The activities of states in this regard have not ceased, with France being the most important example. In 2025, 14 years after the amendments made to French Arbitration Law in 2011, reform efforts in arbitration law have been initiated, and within this framework, the Draft French Arbitration Law has been prepared. The reform prepared under French Law is significant for its creation of a specific law for arbitration, its abolition of the distinction between national and international arbitration, the expansion of the powers of the supporting judge in arbitration proceedings, and the innovations it introduces to the legal remedies available against arbitral awards. The subject of this study is the innovations introduced by the Draft French Arbitration Law and the conclusions that can be drawn from them in terms of Turkish Law. In this context, after respectively examining the brief development of French Arbitration Law, the preparatory process of the reform, and the main innovations introduced, the study will present evaluations and recommendations from the perspective of Turkish Law. Keywords: arbitration, national arbitration, international arbitration, Draft French Arbitration Law