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Action for annulment against arbitral awards within the scope of international arbitration law and the code of civil procedure

2021
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Advisor: Prof. Dr. Murat Atalı

Abstract (EN)

The methods that supervise the arbitral awards of the arbitrators resulting from the arbitration proceedings, in which the will of the parties are at the forefront, are the main cases in which the state intervenes with the arbitration. The method widely accepted in the legislation of many countries in order to eliminate contradictions to law during the arbitration proceeding by controlling the arbitral awards by the state courts; "action for annulment" in this sense affects the future of arbitration for that country. Action for annulment to arbitral awards was introduced by Article 15 of the International Arbitration Law No. 4686 dated 2001 in the Turkish legal system and was also accepted by the Code of Civil Procedure (Article 439), which was put into effect on 01.10.2011. With these amendments, it is clearly regulated that the only possibility of objection to arbitral awards in the Turkish legal system is the action for annulment. Our study titled "Action for Annulment Against Arbitral Awards Within the Scope of MTK and HMK" examines both the possibility of an action for annulment as specified in Article 15 of International Arbitration Law No. 4868 and Article 439 of the Civil Procedure Law no. 6100 comparatively and the problems that may be encountered in practice, the disputes reflected in the decisions of the Supreme Court and the opinions expressed in the doctrine are also expressed and reviewed.

Author

Serpil Işık

How to Cite

Serpil Işık (Doctorate thesis). Action for annulment against arbitral awards within the scope of international arbitration law and the code of civil procedure, 2021, İstanbul University.

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