Kamu hizmeti imtiyaz sözleşmelerinde tahkim
Özet
Resolution of disputes arisen or likely to be arisen from concession contracts via arbitra tion has been already granted by Amendments on the Constitution of Turkey as of August 13, 1999 and subsequent legislation as well. That all concentration had been focused on conces sion contracts gave rise to some obstacles and extraordinary care in view of Administrative law approach. It is yet clear that a revolution and re-negotiation are being developed in the form of basic administrative law principles and rules hereof. It is also disputable that whether the said revolution and re-negotiation would give prejudice to principles and notion of admin istrative law in the near future. Moreover, regard is to be had on further references other than public services in order to establish the principles of rule of law. Services to be carried out by the State in the frame of its duties and liabilities set out in the Constitution, particularly with respect to regulation, auditing and guiding of markets, measures to be taken with a view to protect the fundamental rights and freedoms and provide effective conditions for the justice would thus be more considerable. Neither decreasing of discussions on the arbitration and administrative law nor trying to realize the harmonization of those will bring to us affirmative results thereof.