American Arbitration Association
The AAA offers arbitration and mediation services as well as assistance through those processes of alternative dispute resolution from filing to closing and it also provides assistance in establishing alternative dispute resolution in companies, unions, and other entities and offers education to those who want to learn or practice alternative dispute resolution. The AAA handles cases in the areas of commercial law, construction law, consumer law, employment law, government and labor relations, and international commercial disputes.
International Chamber of Commerce
The ICC only offers arbitration, and some mediation, services to resolve commercial disputes between international parties. The ICC also offers neutral third parties who can help international business parties can resolve any problems when a contract is being executed or during its execution, help parties as they are entering contracts to put arbitration clauses into their contracts and resolve disputes as they begin the contract and negotiation process, helps locate experts in all business areas, and also provides payment collection services. Its focus is business to business dispute resolution and business assistance.
Best Services
The determination of whether the AAA or the ICC offers better services depends on what type of entity or person needs the services and whether their needs involve the international marketplace or business world. Because the AAA is an American based entity it would be best for disputes that are domestic in nature where all parties are subject to American jurisdiction. It also has a much broader area of subject is will arbitrate over, such as consumer issues and various types of law, which the ICC does not offer as it focuses solely on commercial laws. Also, as an American organization the AAA’s neutrality and acceptance in foreign nations may not be great. The ICC, with experts in 88 nations would have the better knowledge base, experience, and reputation internationally if the parties are international.
Arbitration Clause
Because parties in the U.S. and Turkey have different jurisdictional issues any arbitration clauses in their contracts must be enforceable in both U.S. courts and Turkish courts. Therefore, the guidance of the ICC on this issue is that the following clause be used:
Turkish:
English translation:
All disputes arising out of or in connection with the present contract shall be finally
settled under the Rules of Arbitration of the International Chamber of Commerce by one
or more arbitrators appointed in accordance with the said Rules.