ERDEM-NEWSLETTER-2018-metin
120 NEWSLETTER 2018 notifications concerning the natural and legal persons set forth under Art. 7/a of Notification Law numbered 7201 2 . The amendments made through the Law which is analyzed in this article pertain to provisions of International Arbitration Act num- bered 4686 (“IAA”) and the Code of Civil Procedure numbered 6100 (“CCP”) regulating arbitrations. Amendments Pertaining to Competent Courts under the IAA One of the important amendments introduced through the Law is the modification of the competent courts in set-aside proceedings under the IAA. Pursuant to the provision under the IAA prior to this amendment, the competent court in set-aside proceedings was the civil court of first instance. In addition to this provision, through the amendment introduced by Law No. 6545 3 to Art. 5 of the Law on Establishment, Jurisdiction and Competence of Civil Courts of First Instance and Regional Courts of Appeal, it has been regulated that the set-aside actions pertaining to arbitration proceedings under the IAA shall be heard by a panel of judges comprised of one chairman and two mem- bers. Pursuant to these provisions, prior to the amendment of the IAA, the competent courts for set-aside actions were the commercial courts of first instance. With the amendment made to Art. 15/A/1 of the IAA through the Law, the regional court of appeal, which is competent as per the loca- tion of the civil court of first instance pursuant to Art. 3 of the IAA 4 , has been determined as the competent court for set-aside actions. 2 For the memorandum concerning the important amendments introduced by the Law: http://www.erdem-erdem.av.tr/homepage/mail/the-law-numbered-7101-on- the-amendments-in-enforcement-and-bankruptcy-law-and-certain-laws/ (Access date: March 2018). 3 Law No. 6545 on Amendment of the Turkish Penal Law and Certain Laws, OG, 28.06.2014,.No. 29044. 4 Pursuant to Art. 3 of the IAA, concerning the proceedings which fall within the scope of competence of state courts under the IAA, the civil court of first instance located at the legal seat or habitual residence or place of business of the respon-
Made with FlippingBook
RkJQdWJsaXNoZXIy MjUzNjE=