Akademik Veri Yönetim Sistemi
Çukurova Üniversitesi Hukuk Araştırmaları Dergisi, sa.5, ss.43-91, 2024 (TRDizin)
The arbitration-administrative law interaction, which started in the 1990s, went through controversial stages over time, with the intervention of the Constitutional Court, the Council of State and later the legislature, and eventually the arbitration began to be implemented within the scope of concession agreements. After the legal framework established in 1999 and later, the incompatibility of arbitration and administrative disputes has now manifested itself as procedural problems in the arbitration within the scope of concession agreements. Legal framework of arbitration, established in a hurry in the 2000s, is inadequate in content and has leaded to these problems and also justified the criticisms claimed in the administrative law doctrine. Besides, these problems hamper the applicability of arbitration in administrative disputes and expected advantages of arbitration cannot be obtained. In order to solve the problem, by considering French experience, legal framework of arbitration regarding concession agreements to be revised. By this way, although a complete smooth practice of arbitration in administrative disputes may not be possible, comparing to existing situation, arbitrationadministrative dispute association can be more sustainable and applicable.