Business Law Deneme Sınavı Sorusu #997711

Assume that parties to a contract inserted an arbitration clause into their contract. After the conclusion of the contract a dispute arises. 

Which of the following should be said on this issue?


As well as arbitration, parties can go to state courts 

Parties can only go to state courts 

If a party goes to state court, the other party may make an objection as to the arbitration

Parties are required to try mediation first

Parties are not allowed to go to state courts before 3 weeks


Yanıt Açıklaması:

A valid arbitration agreement obliges the parties to resort to arbitration for the resolution of the dispute subject to the relevant arbitration agreement instead of national courts. If one of the parties infringes his/her obligation to arbitrate and brings an action before the court a matter, which is the subject of an arbitration agreement, the other party may make an objection as to the arbitration pursuant to Article 5.

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