%0 Journal Article
%T Waiver of Setting Aside Action under the Turkish International Arbitration Code
%A Mehmet Polat Kalafato£¿lu
%J -
%D 2018
%X In international commerce, parties frequently use international arbitration to obtain a final decision on their dispute. In principle, the arbitral award is final. However, national laws also provide the setting aside procedure as a recourse mechanism against awards. This article analyses the main characteristics of setting aside action and parties¡¯ right of waiver to initiate setting aside action under Article 15 of MTK (Turkish International Arbitration Code). The setting aside procedure is a limited and exceptional recourse mechanism in international arbitration law. MTK also recognizes the parties¡¯ right of waiver of setting aside action. However, MTK offers a limited and, in our view, insufficient legal protection when parties try to enforce the award in Turkey despite the waiver agreement. In our paper, we propose a solution after studying Swiss and French international arbitration laws
%K £¿ptal davas£¿
%K £¿ptal davas£¿ a£¿ma hakk£¿ndan feragat ve £¿artlar£¿
%K Hakem karar£¿n£¿n icras£¿
%K Tu£¿rk
%K Frans£¿z
%K £¿svi£¿re Hukuku ve UNCITRAL model kanunu
%U http://dergipark.org.tr/iumhmohb/issue/42728/515638