Respect for party autonomy, efficiency and finality of result, and international comity are the most fundamental tenets of international commercial arbitration. In the context of international arbitration awards that have been set aside (“annulled awards”), these tenets are in tension, and this tension has led to significant disagreement between courts and academics as to how to treat annulled awards. Continue reading
The Board of the Turkish Court of Cassation for Civil Actions in a decision dated September 30, 2015, overruled local court’s judgment rejecting an application to set aside against an ICC award. The dispute arose from a concession agreement, and brought a GSM company against Turkish public institutions. Continue reading
19th Chamber of Turkish Court of Cassation (“the Court”), in its decision dated 29.05.2012 and numbered 2012/9080, held that a clear and conclusive language in the arbitration agreement is a sine qua non for the validity thereof. The invalidated arbitration clause stated that “[Parties] may refer the dispute to the institution in writing for the resolution.” (emphasis added)
In a decision dated November 13, 2014, Turkish Court of Cassation (“the Court”) had ruled that arbitration clause in an employment contract does not bar employees from resorting to the local courts. Public policy concerns, as expected, lay behind the decision. Continue reading
As we now all know Istanbul Arbitration Center,* a permanent arbitration institution in Istanbul, Turkey, has recently been established and already started to function. As a mission inherent in its establishment, the Center currently allocates a significant part of its time to promote arbitration for domestic and international disputes, and to create more arbitration friendly legal environment for achieving the former.