Expert determination is considered to be an evidence agreement under Turkish law. When the expert determination agreement is drafted as exclusive evidence agreement, no other evidence shall be submitted on the subject.
The economic growth in Turkey has paved the way for the realization of many infrastructure and energy projects as well as for many deals including mergers and acquisition transactions, construction agreements, intellectual property agreements. For dispute resolution in these projects and transactions, arbitration is generally preferred. This article suggests that along with arbitration expert determination should be used for effective dispute resolution in respect of technical matters. Expert determination is flexible, less expensive, faster, and responds to the needs of the parties to the projects and/or transactions.
This article examines the legal structure, case law and scholarly opinions in respect of expert determination in Turkey with a comparative perspective and makes recommendations for drafting and use of such mechanisms.