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ARTICLE · 29 JANUARY 2016

Action To Set Aside As Per The International Arbitration Act

In accordance with International Arbitration Act numbered 4686 ("IAA"), the only legal remedy for arbitral awards is the action to set aside.

TurkeyLitigation, Mediation & Arbitration

Introduction

In accordance with International Arbitration Act numbered 4686 ("IAA"), the only legal remedy for arbitral awards is the action to set aside. One of the most significant aspects of selecting arbitration as a dispute resolution method is that most of the legal systems lack regulations regarding the legal remedy to appeal arbitral awards. By means of its article 15, the IAA solely enables actions to set aside arbitral awards. As a consequence of such, examination of the merits of arbitral awards in courts is precluded. There are also Courts of Cassation resolutions in this regard1.

Reasons for Filing an Action to Set Aside

Reasons to set aside listed under article 15 (A) of the IAA are limited. An action to set aside for reasons not covered under this article is not permissible. For instance, an action to set aside shall not be filed on grounds of the arbitral award being incorrect in terms of merits.2 The reasons to set aside may be examined under

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