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Action to Set Aside as per the International Arbitration Act
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Prof. Dr. H. Ercument Erdem
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 regu-
lations 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 arbi-
tral awards in courts is precluded. There are also Courts of Cassation
resolutions in this regard
1
.
Reasons for Filing an Action to Set Aside
Reasons to set aside listed under article 15(A) of the IAA are lim-
ited. 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 two headings - court
ex officio and reasons asserted by the parties.
Reasons Examined Ex Officio
The reasons that shall be regarded ex officio by the courts are arbi-
trability, and breach of public order.
ARBITRATION LAW
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Article of December 2015
1
11
th
Civil Chamber of the Court of Cassation, dated 24.02.2006, 3953/1858.
2
15
th
Civil Chamber of the Court of Cassation, dated 15.11.2007, 2007/7216.