The regulation regarding the objection to arbitration awards that are not subject to the International Arbitration Law, according to the Code of Civil Procedure, only the annulment action can be filed against the arbitral award. The annulment action is opened in the regional court of appeal where the arbitration place is; seen first and urgently.
In accordance with the regulation, the issues that can be subject to the action for annulment are limited in the law. Accordingly, limited review will be made in the appeal.
On the other hand, a period of one month lowering the rights has been stipulated for the objection from the notification of the decision. Filing an action for annulment against the referee decision does not stop the execution of the decision. Although the decision is made on the file as a rule, the Regional Court of Justice may decide to hold a hearing.
In the regulation of the HMK, it is stated that there is a possibility of appeal against the decisions made by the regional court of appeal. However, this examination is also limited to a number of reasons in the law.
The means of objection to arbitration are regulated separately in the International Arbitration Law and the Code of Civil Procedure; In order to protect and obtain your rights, you can contact our law firm.
Lawyer Senem YILMAZEL