Arbitrator's Application Of Law In International Arbitration

The Problem of ex officio Application of Law by the Arbitrator in International Arbitration

In Turkish civil procedural law, it's the judge's responsibility to decide which legal rules to apply to resolve a dispute. The duty of identifying and applying the relevant legal norm to the material facts is outlined in Article 33 of the Civil Procedure Code No. 6100 (HMK - Official Gazette: 04.02.2011-27836): "The judge shall apply Turkish law ex officio." Thus, a judge is obliged to know and correctly apply Turkish law.

This duty, a fundamental principle of legal proceedings (iura novit curia), is closely linked to the principles of "brought by the parties" and "bounded by the requests" in civil procedural law. It's crucial for determining the correctness of court decisions on appeal, as incorrect or inadequate application of law by the judge can lead to the reversal of the court's decision. Typically, parties are required to present facts, prove them with evidence, and