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been put forward after the submission of the reply brief or after the
lapse of the period for submitting the reply brief. Following an initial
objection on arbitration, the court shall accept the objection and deny
the lawsuit for procedural issues, unless the arbitration agreement is
invalid, ineffective or impossible to execute. In the event the initial
objection on arbitration is not put forward in the allocated time, the dis-
pute shall be resolved before the courts and the parties may not object
to the dispute being referred to the court. The fact that the objection on
arbitration is an initial objection and that it would not be taken into
consideration in a later stage may be criticized.
Pursuant to Article 422/1 of the CPC, the arbitrators may rule on
their own competences, including ruling on objections to the existence
and validity of the agreement. The ability of the arbitrators to rule on
their own competences is referred to with the notion “
competence-
competence
” by the scholars. Pursuant to Article 422/2 of the CPC, the
objections to the competence of the arbitrators shall be put forward at
the latest with the reply brief. The parties appointing the arbitrators or
participating in the appointment of the arbitrators does not deprive
them of the right to object to the competence of the arbitrators.
Nevertheless, the objection related to the arbitrators exceeding their
competences must immediately be put forward.
Provisional Legal Conservatory Measures in Arbitration
Article 414 of the CPC governs the ordering of interim measures
and recording of evidence decisions. Pursuant to Article 414/1 of the
CPC, unless agreed otherwise, arbitrators may decide to order an inter-
im measure or the recording of evidence during the course of the arbi-
tration proceedings upon request of a party. The interim measure deci-
sion may be declared conditional by the arbitrators upon the provision
of adequate collateral. Nonetheless, it is supported by the doctrine that
provisional seizure decision is not an interim measure which may be
ordered by the arbitration tribunal given its nature, and it may only be
requested from the courts.
Article 414/3 of the CPC regulates the events where application to
the courts is possible for an interim measure or recording of evidence
decision. Pursuant to this article, in the event the arbitrators or another
person to be appointed by the parties may not act in a timely and effi-
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