BUSINESS LAW (İŞLETME HUKUKU) - (İNGİLİZCE) Dersi Mediation and International Commercial Arbitration soru detayı:

CEVAP:

An arbitral award may be set aside where the party making the application furnishes proof that: 1. a party to the arbitration agreement was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under Turkish law; 2. the composition of the arbitral tribunal is not in accordance with the parties’ agreement, or, failing such agreement with the Law; 3. the arbitral award is not rendered within the term of arbitration; 4. the arbitral tribunal unlawfully found itself competent or incompetent; 5. the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration; 6. the arbitral proceedings are not in compliance with the parties’ agreement as to the procedure, or, failing such agreement, with the Law provided that such non-compliance affected the substance of the award; 7. the parties are not treated with equality An arbitral award may be set aside where the court, on its own motion or upon request of the claimant, finds that: 1. the subject matter of the dispute is not capable of settlement by arbitration under Turkish law; or 2. the award is in conflict with the public policy.