Business Law Deneme Sınavı Sorusu #945930
Based on Turkish International Arbitration Law, what happens if one of the parties does not arbitrate and brings before the court a matter which is the subject of an arbitration agreement?
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The other party may make an objection as to the arbitration and must claim the existence of an arbitration agreement latest with his/her statement of defense before making any submission concerning the merits of the dispute. |
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If a certain arbitration agreement is outside the scope of application of the Turkish International Arbitration Law, a Turkish court should not consider the arbitration agreement between the parties, and should deal with the merits of the dispute. |
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The other party is not allowed to make an objection as to the arbitration and the judge will decide whether to dismiss the action and take the arbitration into consideration or not. |
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The lawsuit procedure will not be affected and it will continue as there was not an arbitration agreement, because the authority of court is higher than that of the agreement. |
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The other party may make an objection as to the arbitration only if the place of arbitration is a place inside Turkey. |
If one of the parties infringes his/her obligation to arbitrate and brings an action before the court a matter, which is the subject of an arbitration agreement, the other party may make an objection as to the arbitration pursuant to Article 5. The acceptance or denial by the court of that objection and disputes concerning the validity of the arbitration agreement are subject to the provisions of the Code of Civil Procedure concerning initial objections.
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