a. An arbitration agreement is an agreement between parties, whether legal or natural persons with the legal capacity to contract, to refer to arbitration all or some of the disputes that have arisen or may arise between them concerning a specific legal relationship, whether contractual or non-contractual.
b. Arbitration is not permissible in matters where settlement is not allowed.
a. The arbitration agreement must be in writing, otherwise it is void. An arbitration agreement is considered to be in writing if it is contained in a document signed by the parties, or in the form of written or electronic correspondence, or other written means of communication whose receipt is established and which constitute a record of the agreement.
b. Any reference or allusion in the original contract between the parties to another document, such as a model contract or international agreement, that includes an arbitration clause is considered to be in writing unless the parties expressly exclude it.
c. If arbitration is agreed upon while the dispute is being considered by the court, the court must decide to refer the dispute to arbitration. This decision constitutes a written arbitration agreement.
d. Notwithstanding anything to the contrary in any other legislation and without prejudice to the legal situations prior to the entry into force of this amended law, any prior arbitration agreement is void in the following two cases:
1. Consumer contracts prepared on pre-printed forms.
2. Employment contracts.
An arbitration agreement may precede the dispute, whether it is a separate agreement or included in a specific contract, covering all or some of the disputes that may arise between the parties. An arbitration agreement may also be concluded after a dispute has arisen, even if a lawsuit has been filed before any judicial body. In this case, the subject matter of the dispute referred to arbitration must be precisely defined; otherwise, the agreement is void.
a) The court before which a dispute is brought that is subject to an arbitration agreement shall dismiss the case if the defendant raises this objection before addressing the merits of the case.
b) The filing of the case referred to in paragraph (a) of this article shall not preclude the commencement or continuation of arbitration proceedings or the issuance of an arbitral award, unless the parties agree otherwise.
The arbitration agreement does not prevent either party from requesting the judge of urgent matters, whether before the commencement of the arbitration proceedings or during their course, to take any provisional or protective measure in accordance with the provisions stipulated in the Code of Civil Procedure, and such measures may be reversed in the same manner.