Text Is Not Government Offer Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Arising From Public Services Related Privileges Contracts And Agreements Uy

Original Language Title: HÜKÜMETİN TEKLİF ETTİĞİ METİN Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. KAMU HİZMETLERİ İLE İLGİLİ İMTİYAZ ŞARTLAŞMA VE SÖZLEŞMELERİNDEN DOĞAN UY

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Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4501.html

Law No. 4501 Date of Admission: 01/21/2000
Article 1 - The purpose of this law is to define public services related to the provision of concessionary agreements and the case resolved by arbitration of disputes arising from these principles must be complied with by the parties to the agreements made and principles of contract. Definitions
Article 2 - For the purposes of this Act;
a) Arbitration way: a dispute which was born of the Parties or arising by agreement between them, take them to the arbitrator or arbitration, the procedure of the special judicial activities as may be determined by the parties, b) international arbitration agreement: foreign element which public services related concessions in agreements and contracts of all disputes arising from them or agreement made to be resolved through international arbitration of a portion
c) a foreign element: a Contracting Party to the board or to establish a company in at least one foreign equity incentive according to the provisions of foreign origin or if the contract is applied to foreign-sourced capital or credit or collateral agreements of one of the cases that required the conclusion of the joint d) Contract: public services concession agreements and contracts,
It refers. international arbitration of disputes involving foreign elements through solution
Article 3 - in contracts with foreign element of disputes arising from them; a) met in Turkey or the Turkish law, foreign law will be decided by the arbitrator or arbitrators board
b) Foreign gathered in Turkey to be decided according to the law or foreign law in a country arbitrator or arbitration,
c) in international arbitration institutions that own arbitration proceedings,
Solving acceptable.
principles for arbitration
Article 4 - arbitration agreement if the projected path of the arbitration, the arbitration clause in the contract or a separate arbitration agreement. The arbitration agreement shall be subject to the procedure in putting into force of the agreement. In the arbitration clause or arbitration agreement; Disputes will be resolved by arbitration, the application requested arbitration rules, the seat of the arbitration, the arbitrator or umpire selection and number of the board, the qualifications, the arbitral tribunal's jurisdiction, the arbitral tribunal's proceedings, the language to be used in the proceedings, the choice of substantive law applicable to the merits of the dispute, evidence of substitution of parties, the choice of experts , the other parties to the dispute in what way will be notified, the notification period, the arbitration period, the editorial board of the evidence gathering powers and procedure, referee fees, costs and expenses, attorneys' fees and similar matters are regulated in detail. recognition of the arbitral award, enforcement and appeals Article 5 - the appeal of the decisions of the judges in the Supreme Court in relation to the Agreement, and the recognition and enforcement is seen in the civil courts. Conditions with no provisions
Article 6 - According to the Procedure of this law in the absence of provisions in international agreements was put into effect, dated 18.6.1927 and No. 1086 of Civil Procedure and Civil Procedure Law of 20.05.1982 dated and numbered 2675 Private International Law and the Law on Civil Procedure Law of the arbitration provisions may apply. Article 7 - 3996, dated 06.08.1994 of Certain Investments and Services through Build-Operate-Transfer Model of the second paragraph of the provisional Article 1 of the Framework Law on making reservations is amended as follows. However, the projects and works mentioned in the first paragraph 12/4/1984 dated and numbered 3096, Turkey Electricity Generation of organizations other than the Electricity Authority, Transmission, Distribution and Trade of the Delegation of the Law on and 28.05.1988 dated and 3465 numbered highways Accessing the organizations other than the General Directorate of Controlled Road ( highway) construction, maintenance and the Law on the Appointment of the Operation subject projects and jobs in this Law, Article 5 provision of the implementation of the officer or capital company, the applicant within one month from the date of publication of the Law and the Council of Ministers may decide on the application of the relevant administration. In this case, the administration and officials or equity firm contract made between, considering also the same contract's current international funding criteria and administration, according to private law, ministers are rearranged within three months from the publication of the decision. This time, the parties to the agreement may be extended up to three months. Provisional Article 1 - concession on public services started before the entry into force of this Act, according to the projects and works contracts and agreements, concluded in accordance with the principles and procedures which they are subject.

However, finalized except for those canceled by a court decision, the project mentioned in the first paragraph and jobs in the implementation of the provisions of this Act, official company Ministers granted the Council decision on the application of the administration application and within one month from the date of publication of this Act. Enforcement
Article 8 - This Act shall enter into force on the date of publication. Executive
Article 9 - This Act shall be enforced by the Council of Ministers.