Arbitration mechanism according to Turkish Civil Procedural Law with act nr.6100

This study aims to examine the recent developments in the field of arbitration and Civil Procedure Law's 11th section through the perspective of the trends which reduces to minimal level especially the courts' power of control and intervention over arbitration, gives priority to the parties' will and enlarges the arbitrators' authority. Arbitration, defined as solving conflicts which arose or may arise between the parties by way of arbitrator or board of arbitrators, is formed by Civil Procedure Law's articles 407 through 444. Arbitration-related provisions of Civil Procedure Law (HMK), which is quite different from the 1927 dated code of civil procedure (HUMK), were prepared in the basis of UNCITRAL Model law. The basis of arbitration jurisdiction is constituted by the arbitration agreement on taking the disputes between the parties to a private impartial party for resolution to be chosen as a seperate agreement or clause put in this repect to their main contract. On the event that the parties sepecify or agree clearly on the procedures and bases related to the arbitration jurisdiction, the arbitrator or the board of arbitrators are bounded by these procedures and bases.This principle, also known as the Party Autonomy Principle, is adopted also by Turkish civil procudural law. The boundednes of jurisdiction's duration by the law or the contract aims at making the arbitration method a rapid and efficient conflict solving method. The aim of the arbitration jurisdiction is a conclusion with a provision as it is in the Court judgement. But the parties may file an annulment action against the arbitrator decision at the national Court, in regard to the reasons stated in the Civil Procedure Code. In respect to the annulment action's result, the parties may choose to go for an appellate procedure, as well as the way of retrial for the reasons which arise after jurisdiction's provision definiteness. This study aims to assess, in addition to detailed critical legislative review, the approach of Turkish courts by means of the challenge of arbitration awards, retrial of the case, and the recognition and enforcement applications of the arbitration awards in the local courts. Key Words: Arbitration, National Arbitration, International Arbitration, Arbitration Agreement, Arbitration clause, Arbitration award