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ARTICLE · 07 APRIL 2025

Exclusive Evidentiary Contracts In Technical Disputes

Guleryuz Partners
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An exclusive evidentiary contract is a type of agreement in which the parties undertake to accept the assessment of a person or panel appointed to evaluate certain technical or expert matters...

TurkeyCorporate/Commercial Law
Tarık Güleryüz
Tarık Güleryüz
Aden Güler
Aden Güler
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Introduction

An exclusive evidentiary contract is a type of agreement in which the parties undertake to accept the assessment of a person or panel appointed to evaluate certain technical or expert matters related to a specific dispute. This agreement, particularly used in areas requiring technical expertise, functions as an evidentiary contract and carries binding consequences for the parties.

Legal Nature of Exclusive Evidentiary Contracts

Exclusive evidentiary contracts fall within the scope of exclusive evidence agreements. Through such contracts, the parties agree that the dispute will be resolved by the designated experts1. Under Turkish law, evidentiary agreements are governed by Article 193 of the Code of Civil Procedure No. 6100 ("CCP") and are based on the parties' freedom to determine the applicable evidence. Reports issued under exclusive evidentiary contracts are considered exclusive evidence under Article 287/2 of the CCP and are binding on

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