Circumstances invalidating the arbitration agreement in Turkish law

Since the basis of arbitration proceedings is the arbitration agreement, it is very important to determine its validity. In order to conduct arbitration proceedings, there must be a valid arbitration agreement. For this purpose, in addition to the general grounds for the validity of the arbitration agreement, the arbitration agreement must meet the special grounds for the validity of the arbitration agreement, which are specified in the doctrine and mentioned in the law One of these special grounds for validity is that the will to arbitrate must be clear and unambiguous. Therefore, the will to arbitrate must be clear and unequivocal in a way that does not cause any ambiguity. Again, for the validity of the arbitration agreement, there should be no deception, intimidation or imbalance between the performances, which may cause the arbitration will to be invalid. In this study, it is aimed to be useful in solving the problems that may be encountered in practice regarding the invalidity of the will to arbitrate, and for this purpose, the studies and precedent decisions in the doctrine have been examined and the approach to the subject has been tried to be explained as much as possible by stating the opinions in the doctrine. This study consists of 3 parts. In the first part, we have explained the definition, legal nature and types of arbitration agreements in the doctrine and precedent decisions of the Court of Cassation, and mentioned the principles and principles that are characteristic for arbitration agreements. In the second part, we have mentioned the validity grounds for arbitration agreements, such as the existence of a specific dispute, the express will to arbitrate, written formality and arbitrability, which are required by the special law and accepted in the doctrine. In the third part, we discussed the circumstances that may cause the invalidity of the arbitration agreement and tried to explain the circumstances that may lead to the invalidity of the arbitration agreement, such as impairment of will, over-utilization, and general terms and conditions, in line with the precedent case law of the Court of Cassation and doctrinal studies.