Initial objection to arbitration due to the invalidity, ineffectiveness or impossibility of implementation of the arbitration agreement under the code of civil procedure

Arbitration is the application of the dispute to neutral third parties instead of state courts to resolve the legal dispute. Due to the negative impact of the arbitration agreement, the defendant party prevents the dispute from being resolved in court first by resorting to the first objection to arbitration. It is stated in Article 116 of the Code of Civil Procedure (HMK) and Article 413 of the HMK that arbitration is a first objection. The first objection is regulated in Article 117 of the Civil Code. In accordance with Article 413 of the Code of Civil Procedure, if the arbitration agreement is not invalid, ineffective or unenforceable, the arbitration will accept the first objection and reject the case on procedural grounds. On the contrary, if the court decides that the arbitration agreement is invalid, ineffective or unenforceable, the dispute will now be resolved in state courts. One of the first objections to be evaluated in arbitration may be the invalidity of the arbitration agreement, either in terms of the elements of the arbitration agreement or in terms of mandatory provisions arising from the Turkish Code of Obligations. In addition, the invalidity of the arbitration agreement may result from the fact that the parties who signed the arbitration agreement do not have the necessary capacity. Another issue to be evaluated in the first objection to arbitration is the ineffectiveness of the arbitration agreement. The ineffectiveness of the arbitration agreement means that although it was a valid arbitration agreement from the beginning, it subsequently loses its effect. The arbitration agreement is ineffective; Waiver of the arbitration agreement by the parties, elimination of the arbitration agreement by the parties' mutual rescission agreement, existence of a final judgment on the same dispute and expiration of the arbitration agreement. The last issue to be evaluated in the first objection to arbitration is the impossibility of enforcing the arbitration agreement. Impossibility of implementation of the arbitration agreement means that the arbitration agreement cannot be implemented due to legal or actual obstacles. These issues are; The incapacity or death of the arbitrator appointed by name means that the arbitral proceedings remain irrelevant and the enforceability of the arbitration proceedings becomes impossible. Key Words: Arbitration, Arbitration Agreement, Arbitrability, Arbitration First Objection, First Objection. ​