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Incorrect Ruling of the Arbitrators Regarding their Competence
or Incompetence
In accordance with Art. (7)(h) of the IAA, the arbitrators may give
rulings regarding their own competences (
competence-competence
).
Accordingly, the objection asserted by the parties regarding the incom-
petence shall be examined as a preliminary question. Wrong /unlawful
decisions rendered as a consequence of this examination shall also
constitute a reason to set aside.
Arbitrators Ruling on a Matter Falling outside of the Scope of
the Arbitration Agreement or not Ruling for All Matters Set
Forth in The Claims of the Parties or Exceeding Their Authority
Arbitrators shall only decide on matters that fall within the scope
of the arbitration agreement. If there is a restriction in the arbitration
agreement in this regard, the arbitrators are obliged to comply. The part
of the award incompetently ruled by the arbitrators shall be set aside to
the degree that it can be separated from the award; the competently
ruled part thereof shall be deemed valid.
The arbitrators are obliged to render an award in reference to the
claims of both parties; thus, disregarding such claims shall also consti-
tute a reason to set aside. If the arbitrators do not give a decision on
certain claims, the parties may ask for a supplementary award.
In cases where the parties have determined the rules to be applied
to the arbitration proceedings, the arbitrators are obliged to comply
with such rules. Otherwise, it shall mean that the arbitrators have
exceeded their authority. Within this context, the authority of the arbi-
trators shall be restricted by the arbitration agreement and the agree-
ment between the parties.
Inconformity of the Arbitral Proceeding with the Procedure
In accordance with Art. 15(A)(1)(f) of the IAA, unless there is an
agreement between the parties, in order for an arbitral award to be set
aside, this will depend on the fact that the arbitral proceedings have
been carried out inconsistently with the provisions of the IAA, and that
this inconsistency affects the merits of the award. The parties are free
to determine the rules to be applied to the procedure of the proceed-
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