Master'sOpen Access

Legal remedies against to arbitration law under the law of arbitral award (Comparatively International Arbitration Law)

Is this your thesis?

This record came from a bulk archive import. If it’s yours, link it to your profile.

2023
0 views
0 downloads

Abstract (EN)

The purpose of this study; to examine the historical development of arbitration, which is one of the resolution methods of these disputes, and the ways that can be resorted to within the framework of Turkish law against the decisions made as a result of this trial, in case it is accepted that there is a conflict between them since the beginning of the human existence story. The history of arbitration, which is an alternative dispute method today, is briefly mentioned in our study, including the beginning, development and types of arbitration in different cultures and beliefs in the world history. In addition, as the main subject of our study, the legal remedies that are examined before the regional court of appeal and the appellate courts as the upper court in the framework of the International Arbitration Law and the law of civil procedure, which are separated from each other by the criterion of having a foreign element in our domestic law, against the decisions made as a result of the arbitral proceedings have been made. These legal remedies have been examined within the framework of issues such as duty and authority, taking into account the current developments in the Turkish legal system. The reasons for the annulment action, which is the most important recourse applied against the arbitration decision in accordance with both the international arbitration law and the regulations of the law of civil procedure, are explained by emphasizing the similarities and differences in both laws. In addition to this, information about the restitution of the extraordinary legal remedy through the appeal law and the extraordinary legal remedy is given, and the scope of the freedom of seeking rights granted to the parties as a result of the arbitration proceedings carried out in accordance with Turkish law is explained.

Author

Betül Büşra Kılıç

How to Cite

Betül Büşra Kılıç (Master Thesis). Legal remedies against to arbitration law under the law of arbitral award (Comparatively International Arbitration Law), 2023, Bahçeşehir University.

License

Tüm Hakları Saklıdır

This work is shared under the specified license terms.

More theses from Bahçeşehir University