Esin Arbitration Quarterly

1. Significant court decisions in the last trimester concerning arbitration

1.1 Decision of the 11th Civil Chamber of the Court of Cassation on set-aside of an arbitral award¹

The dispute between the parties arose from a share transfer agreement. The parties agreed that any disputes arising from this agreement should be resolved in accordance with the Arbitration Rules of the International Chamber of Commerce (ICC) ("ICC Rules"). In addition, the parties prepared a terms of reference in which they agreed that the arbitral tribunal may extend the arbitration term.

Due to their inability to come to an agreement on the extension of the arbitration term with the respondent (who is the plaintiff in the subsequent set-aside lawsuit initiated against the arbitral award), the claimants (who are the defendants in the subsequent set-aside lawsuit initiated against the arbitral award) filed five requests for extensions of the arbitration term with the Turkish courts