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The Objection of Arbitration and the Courts’ Degree of Review
of the Arbitration Agreement
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Att. Selen Ozturk
Introduction
As is known, arbitration is an accepted and frequently preferred
alternative dispute resolution method based on the resolution of dis-
putes by persons called arbitrators in arbitral tribunals instead of
national courts. Where the parties voluntarily agree to resort to arbitra-
tion, if the resolution of the issue by arbitration is not prohibited by the
law, the dispute may be resolved through arbitration. Therefore, a valid
arbitration agreement/arbitration clause must be concluded between
the parties. One of the outcomes of a valid arbitration agreement or an
arbitration clause between the parties is that in case a party brings a
claim on the merits in the courts, the defendant party may invoke the
arbitration agreement and raise an objection of arbitration
1
.
This newsletter article shall discuss the provisions regarding objec-
tion of arbitration and highlight the court’s limit of review of the valid-
ity of an arbitration agreement.
Objection of Arbitration
UNCITRAL Model Law on International Commercial Arbitration
(1985), with amendments as adopted in 2006 (“Model Law”), Art. 8/1
states that a court before which an action is brought concerning a mat-
ter which is the subject of an arbitration agreement shall, if a party so
requests not later than when submitting their first statement on the sub-
stance of the dispute, refer the parties to arbitration unless it finds that
ARBITRATION LAW
187
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Article of February 2014
1
Ziya AKINCI
, Milletlerarası Tahkim, İstanbul 2013, p.122.