Comparative Guides
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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
Turkey
As per art. 7/H/2 of the TCIA, the objection to the jurisdiction of the tribunal must be raised by the submission of the first reply petition at latest.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
4.2
Can a tribunal rule on its own jurisdiction?
 
Turkey
As per art. 7/H of the TCIA, the arbitral tribunal may rule on its own jurisdiction regarding the existence or validity of the arbitration agreement. This provision shows that TCIA explicitly recognizes the principle of “Kompetenz-Kompetenz”.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Turkey
As per art. 3/2 of the TCIA, court only intervenes for the conditions provided with the TCIA and there is not an explicit provision that the courts of the seat may rule regarding the jurisdiction of the tribunal.

However, if any of the parties commence a lawsuit before courts, the respondent may object the jurisdiction of the court as a preliminary objection asserting the arbitration agreement as per at. 5 of the TCIA. If the judge accepts the objection of the respondent., the lawsuit shall be dismissed. If any objection has not been raised, the court will have jurisdiction to hear the case between the parties.

Secondly, an arbitral award may be set aside by the competent regional courts of justice in case the arbitral tribunal unlawfully rule its own jurisdiction. Therefore, the competent regional courts of justice will have a say regarding the jurisdiction of tribunal at that stage.

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