Review of the Validity of the Arbitration Agreements by Turkish Courts in Cases Where the Seat of Arbitration is in a Foreign Country and the Applicable Law

The scope of the review held by the courts in cases where a dispute subject to arbitration is brought before a court are discussed in the first part of our study, by paying particular attention to cases where seat of arbitration is in a foreign country. In the case on the merits of the dispute, the respondent can raise an arbitration objection and the claimant can assert that the arbitration agreement is invalid. Subsequent to relevant objections, first the scope of the review held by the court should be identified. The review can be prima facie, serving the purpose to determine if there is an existing arbitration agreement or the court can opt for a broad review and determine the validity of the arbitration agreement. The importance of choosing a foreign seat and the effects of this choice on the scope of the review are discussed in our study. In cases where the court reviews the validity of the arbitration agreement, the law applicable to the arbitration agreement should be determined and this issue is discussed in the second part of our study. When the seat of arbitration is in a foreign country, there is a gap in Turkish law regarding the law applicable to the arbitration agreement. The opinions put forward in the doctrine as to how to fill this gap are evaluated