Validity of Asymmetric Arbitration Agreements

In Turkish law, practice of arbitration has remarkably increased, especially in recent years. This progress of arbitration under Turkish law has inevitably led to new debates. The issue of validity of asymmetric arbitration agreements is one topic of these debates. Currently, there is no rule under Turkish law directly prohibiting asymmetric arbitration agreements. However, this does not necessarily mean that these clauses will always be considered valid. In the first part of this study, asymmetric arbitration agreement and the approach of different legal systems to these agreements are discussed. In the second part, the validity of asymmetric arbitration agreements is examined within the context of the principles of equality and freedom to claim rights. Finally, the validity of the asymmetric arbitration clause in insurance arbitration, which is determined to be the only example of asymmetric arbitration in terms of Turkish legal regulations, is evaluated