Due Process And The Procedural Decisions: How Paranoid You Should Be When It Comes To The Turkish Courts?

International arbitrators often grapple with a challenging decision: is a procedural request a legitimate exercise of rights, or is it an unreasonable tactic to delay proceedings? This concern stems from the fear that an award might be challenged due to perceived due process violations. Such "due process paranoia" can lead arbitrators to grant unreasonable requests, unnecessarily prolonging the proceedings and undermining the efficiency of international arbitration.

However, a recent judgment by the Turkish courts highlights that these concerns about due process violations are often unwarranted.¹

Summary of the Dispute

The dispute arose out of the delivery, installation, and commissioning of electromagnetic equipment in a hydroelectric power plant. Upon delivery of the equipment, the claimant realized it was defective. Accordingly, the claimant notified the respondent about these alleged defects and foreclosed the respondent's security. The respondent rejected