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Results: 4 Answers
International Arbitration
14.
Grounds for challenging an award
14.1
What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
 
Turkey
As per art. 15, the only way against an arbitral award is the action to set aside.

An award may be set aside if:

  • a party has lack of capacity or the arbitration agreement is invalid as per the law agreed by the parties or Turkish law in the absence of the agreement,
  • the procedure of appointment of arbitral tribunal agreed by the parties or stipulated by the TCIA does not followed,
  • the award is not rendered in due time,
  • the arbitrator or arbitral tribunal unlawfully rule its own jurisdiction or rule unlawfully regarding lack of jurisdiction,
  • The award rendered is out of the scope of the arbitration agreement or not covers the all issues or arbitral tribunal exceeds its authorization,
  • The award is not rendered in accordance with the procedure agreed by the parties or stipulated by TCIA and this situation affects the substance of the award,
  • The equal treatment principle is not considered by the arbitral tribunal,
  • the subject matter of the dispute is not arbitable as per Turkish law,
  • The award is against public policy.
For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 
Turkey
As per art. 15 of TCIA, the request for annulment of an award shall be made within thirty days. The period of thirty days for bringing a challenge begins to run from the date of notification of a decision on correction or an award or interpretation or an additional award. This request suspends the fulfilment of the arbitral award per se.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
14.3
Are parties permitted to exclude any rights of challenge or appeal?
 
Turkey
As per art. 15 of TCIA, the parties may renounce partially or wholly their right to set aside the award. However, only the parties whose domicile or habitual residence is located outside the Turkey may renounce their rights to set aside in writing in the arbitration agreement with an express clause or after the arbitration agreement has been signed.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law