Resolution Of Rent Disputes Through Arbitration

Resolution of disputes arising from rental agreements ("lease disputes") is of great importance, since the arbitral awards with regard to non-arbitrable matters may be subject to annulment or may give rise to a ground of refusal of enforcement. If particular subject matter of a dispute is not capable of settlement by arbitration -a non-arbitrable matter-, the arbitral awards may be challenged for annulment or refusal of its enforcement. Consequently, the issue, whether the disputes arising from rental agreements are arbitrable matters, will be further analyzed.

In General

As is known, arbitration, which is an alternative means of dispute resolution, may only come into question with regard to arbitrable matters. The term of arbitrability may be defined as whether a certain dispute may be resolved by arbitration or not¹. The basic principle concerning arbitrability is laid down under Article 408 of the Civil Procedure Code numbered 6100 ("CPC"). Pursuant to this