12-14 Haziran (June) 2012 Law School of Marmara University, Istanbul, Turkey Konferans Bildiri Kitabı Conference Proceeding Book Editors: Assoc. Prof. Dr. A. Caner YENİDÜNYA Assist. Prof. Dr. Mustafa ERKAN Lecturer Rayhan ASAT Editorial Board: Prof. Dr. Sibel ÖZEL Assoc. Prof. Dr. A. Caner YENİDÜNYA Assist. Prof. Dr. Mustafa ERKAN Assist. Prof. Dr. Hatice Selin PÜRSELİM Lecturer Rayhan ASAT Research Assist. Zeynep ÖZGENÇ Research Assist. Vedat KILIÇ Research Assist. Ömer Faruk SAÇAR Research Assist. Yasemin PEKTOYLAN Research Assist. Ahmet GÜNDOĞAN CONFERENCECO-CHAIRS Assoc. Prof. Dr. A. Caner YENİDÜNYA Assist. Prof. Dr. Mustafa ERKAN Lecturer Rayhan ASAT CONFERENCE ORGANIZING COMMITTEE Assist. Prof. Dr. Hatice Selin PÜRSELİM, Law School of Marmara University Research Assist. Zeynep ÖZGENÇ, Law School of Uludag University Research Assist. Vedat KILIÇ, Law School of Yalova University Research Assist. Ömer Faruk SAÇAR, Justice Vocational School of Higher Education of Marmara University Research Assist. Ahmet GÜNDOGAN, Justice Vocational School of Higher Education of Marmara University CONFERENCE CHIEF ADVISOR Prof. Dr. Sibel ÖZEL, Law School of Marmara University CONFERENCE ADVISORS Prof. Dr. Ziya AKINCI, Law School of Galatasaray University, Prof. Dr. Gökhan ANTALYA, Law School of Marmara University Prof. Dr. Nurşen CANİKLİOĞLU, Law School of Marmara University Prof. Dr. Bülent ÇİÇEKLİ, High Council of Judges and Prosecutors Prof. Dr. Seyithan DELİDUMAN, Law School of Marmara University Prof. Dr. Bahadır ERDEM, Law School of Istanbul University Prof. Dr. Günseli ÖZTEKİN GELGEL, Law School of Istanbul University Prof. Dr. Serap HELVACI, Law School of Marmara University Prof. Dr. Renshan LIU, Law School of Zhongnan University Economics and Law Prof. Dr. Yavuz KAPLAN, Law School of Istanbul Aydın University Prof. Dr. Janet WALKER, Osgoode Hall Law School of York University Prof. Dr. Sami KARAHAN, Law School of Marmara University Prof. Dr. Deng LIE, Law School of Zhongnan University Economics and Law Prof. Dr. Han LONG, Law School of Zhongnan University Economics and Law Prof. Dr. Umar MAHMOD, Law School of Xinjiang University Prof. Dr. Li Shou PING, Beijing Institute of Technology Prof. Dr. Zhang QINGLIN, Law School of Wuhan University Prof. Dr. Hasan SELÇUK, Law School of Marmara University Prof. Dr. Cemal ŞANLI, Law School of Istanbul University Prof. Dr. Kemal ŞENOCAK, Law School of Ankara University Prof. Dr. Weigong XU, Law School of Zhongnan University Economics and Law Prof. Dr. Kamil YILDIRIM, Law School of Marmara University Prof. Dr. Lerzan YILMAZ, Law School of Maltepe University Prof. Dr. Yang ZEWEI, Law School of Wuhan University VOLUNTEER STUDENTS Cemal AKGÜN, Özge ÖZKAN, Musa Armağan ADAL, Gizem GÜNDOĞDU, Sinem HANÖZÜ, Kübra EMİR, Satiye ÖZSOY, Büşra ERAY, Elis TÜRKSOYLU, Ezgi KORALAY, Elçin YILDIRIM, Caner TAŞATAN. Askan KARABAŞ, Cansu MACİT, Gülce UZUNHASAN, Elif SOLAK, Güney Haris ŞAHİN, Ayşegül KARABÜLBÜL, Tutku ANAÇ, Nükhet TAŞDELEN, Barış BIDIK, Tülay GÖKDEMİR, Canan KENGER. Preface -Reopening the Silk Road in the Legal Dialogue Between Turkey and China- June 12-14 of 2012 marked a new history, a new calendar, a new celebration, a new tradition and a new dialogue. The legendary Silk Road was once again reopened in the legal dialogue between Turkish and Chinese scholars. The very first Silk Road conference was the brainchild of our conference chairs and conference organising committee, who worked hard to bring together scholars from Turkey and China. The conference successfully considered many key topics, including foreign investment law, capital market law, arbitration, international commercial law, private international law and intellectual property law. It brought together deans, professors and young scholars from 17 law schools across Turkey and China, as well as a professor from Canada. In addition, judges, arbitrators and lawyers contributed to the conference by sharing their practical experiences. We believe this venue provided a platform for legal scholars in Turkey and China to collaborate, share interests and exchange ideas relating to the legal profession. Law School of Marmara University organised the conference in collaboration with Zhongnan University of Economics and Law, Xinjiang University and the Capital Markets Board of Turkey. We truly hope this unique dialogue, which marked a new tradition, will be carried on by our followers and supporters. In honour of such a remarkable and historical dialogue, we are publishing some of the papers presented. We want to take this opportunity to express our warmest gratitude and thanks to our sponsors for their generosity, namely the Central Securities Depository Institution (MKK), DLA Piper, Legal Publishing, Aksan, Teknosa, Taştanlar Turizm, Lale Organisation, the International Law Center and Ekin Maden. Without their support, this conference would not have been possible. We would like to extend our sincere thanks to our conference organising committee for their hard work, and to our participants for their contribution to this dialogue. Last but not least, we thank our student volunteers, whose assistance made the conference a huge success. Sincerely, Editors / Conference Co-Chairs Assoc. Prof. Dr. A. Caner YENİDÜNYA Assist. Prof. Dr. Mustafa ERKAN Lecturer Rayhan ASAT