NEWSLETTER-2017

148 NEWSLETTER 2017 Relationship between Arbitrability and Public Policy in Light of the Decisions of the Court of Cassation* Prof. Dr. H. Ercument Erdem The issue of arbitrability defines whether a dispute may be re- solved through arbitration by the free will of the parties, instead of through the state courts. The disputes that are held to be arbitrable are set forth under the Code of Civil Procedure numbered 6100 (“CCP”), with regard to domestic arbitration, and in the International Arbitra- tion Act numbered 4686 (“IAA”), with regard to disputes having a foreign element. In this newsletter article, we analyze the relationship between arbitrability and public policy in light of the decisions of the Court of Cassation. In General The issue of arbitrability manifests itself as the most important condition for validity pertaining to the substance of the arbitration agreement 1 . The issue of whether a dispute is arbitrable is related to the applicable law. As a result, a dispute that is held to be non-arbitrable in a given jurisdiction may be resolved through arbitration in another jurisdiction. As the issue of arbitrability is also grounds to refuse recognition and enforcement of arbitral awards, the recognition and enforcement of an arbitral award given on a non-arbitrable matter would not be possible. As a result, the arbitrability of the dispute that the parties aim to resolve through arbitration is of great importance. * Article of January 2017 1 Ercüment, Erdem, Tahkim Anlaşması, Prof. Dr. Hamdi Yasaman’a Armağan, İstanbul 2017, p.189.