Milletlerarası Ticari Tahkimde Hakem Kararlarının İptalinde İrade Serbestisinin Sınırları

Türkçe

Party-autonomy is considered to be an overriding principle throughout the arbitral process and post-award stage. Thus, parties are entitled to agree to restrict the review of the arbitral award by the courts in annulment proceedings, either partially or fully excluding the review by the courts according to Turkish International Arbitration Law Article 15. Conditions of such limitation, which are set out in Article 15 align with other legal systems; however, consequences of waiver of annulment proceedings differ significantly. Legal protection provided to parties becomes insufficient if the award is enforced in Turkey to the extent that this shortcoming violates the right to a fair trial. This paper examines the waiver of annulment agreement in Turkish law in comparison with legal systems that parties have been provided with regards to the party-autonomy principle and proposes to have solutions for the violation of the right to a fair trial. Furthermore, it examines the effects of parties’ agreements to expand the review of the arbitral award under Turkish law in light of comparative law.