Londra deniz hakemleri birliği (lmaa) tahkim yargılaması
Özet
The first time when the disputes related to commercial maritime were settled through arbitration instead of state courts approximately corresponds to the same period when the concept of arbitration was born. Throughout this historical process, particularly London has kept the characteristic of being one of the most important centres of maritime arbitration. Having its headquarters in this city, London Maritime Arbitration Association (?LMAA?) has been actively functional since the day it was founded; and its Terms for settling the disputes rising in maritime commercial without applying to courts have been used not only in England but also everywhere else in the world. The Terms of LMAA provide an opportunity to the parties to choose the suitable rules according to their free will and the particular characteristics of the disputes. This thesis argues the LMAA Arbitration Procedure; the rules of which have been most recently modified on January 1st, 2006 lastly and are still effective. This study is composed of four parts. In the first part; an overview is provided about the concept ?arbitration?; including its meaning, scope, history and features. After that, ?maritime arbitration? and the position of LMAA Arbitration Rules in the general meaning of ?arbitration? are discussed. In the second part, the overall constitution and types of the Rules of Association are explained. The main components of the arbitration procedure; arbitration agreement and application procedure for arbitration are mentioned on the third part. Finally in the fourth part, LMAA arbitration procedure and the provisions of arbitration award are studied in detail. Briefly, this study aims to answer the following question: - What are the features of the LMAA organization? 2 - What kind of disputes are to be resolved in accordance with the LMAA Terms? What type of rules does the LMAA apply to resolve these disputes? - How does the LMAA Arbitration Procedure work? - What are the main differences and similarities between LMAA Arbitration Terms and International Arbitration Act (Law No: 4686), United Nations Commission on International Trade Law (?UNCITRAL?) arbitration rules and other world-famous and well known arbitral bodies such as International Chamber of Commerce (?ICC?) and London Court of International Arbitration (?LCIA?)?