Mr. Dogan Baydar, LL.M., MCIArb
Dogan Baydar is currently pursuing Ph.D in Law and practicing arbitration and mediation. He holds Bachelor in Law degree from (LL.B) from Istanbul University School of Law and LL.M. in ADR degree from University of Southern California (USC) Gould School of Law (GPA 3.73; 10%).
Since becoming a member of Istanbul Bar, in 1987, he has practiced International Commercial Law for 33 years. Mr. Baydar has worked for and, or consulted companies doing international business in Turkey, in Germany, in England, and in the U.S.A. Contracting, participating in and leading negotiations, consulting, and contracting have been essential parts of his job assignments.
Since 2014 he has been practicing International Commercial Arbitration and Mediation along with counseling small and mid-size companies. While being a Civil Mediation Council (CMC) authorized Mediator in the UK , he is also serving Financial Industry Regulatory Authority (FINRA) as an arbitrator. He speaks English, German, and Turkish (fluent), and Italian (intermediate).
His research aims to explore the possibility and desirability of making arbitration the default mode of resolution of international commercial disputes by re-examining the most valuable characteristics as well as the less valuable features of international commercial arbitration, and the advantages of arbitration over litigation. Eventually, this researcher aims to challenge the default rule, suggest a radical change, and propose that arbitration should become the default mode of resolution of international commercial disputes. In the absence of any agreement of the parties on dispute resolution, parties should have a right to arbitrate their dispute rather than to litigate before national courts. After examining and discussing the alternative models which have been proposed, in the end, this researcher aims to propose a new model of non-consensual arbitration. This research will be conducted in three phases: the first case study, the second quantitative and the third qualitative.