ERDEM-NEWSLETTER-2018-metin

122 NEWSLETTER 2018 Right of Appeal against the Decisions to be given in Set-aside Actions under the IAA Through the amendment of Art. 15/A/7 of the IAA made by the Law, the decisions to be given in set-aside actions may be subject to appeal proceedings under the CCP. Pursuant to the provision prior to this amendment, it was possible to file an appeal against these deci- sions pursuant to Code of Civil Procedure numbered 1086; however, it was not possible to file for revision of decision. Subsequent to the regional courts of appeal starting to operate, the provisions of Code of Civil Procedure numbered 1086 on appeal proceedings have ceased to be applied. With the amendments made by the Law to the IAA, it has been taken into consideration that the CCP does not regulate the possibility of revision of decision and, accord- ingly, it has been clarified that filing an appeal against these decisions is possible. Competent Court as per the Subject of Dispute under the IAA Through a new provision in the IAA adopted by the Law, it has been clarified that the competences granted to the civil court of first instance under the IAA would be undertaken by civil courts or com- mercial courts of first instance, depending on the subject of dispute. It should be emphasized that this provision shall be applied with regard to competences aside from the set-aside actions, which are within the jurisdiction of regional courts of appeal. Accordingly, the objections to be made to the arbitration clauses, lawsuits pertaining to appoint- ment, or challenge of arbitrators, request of assistance from state courts concerning collection of evidence, and lawsuits pertaining to the extension of duration of the term of arbitration, shall be within the jurisdiction of either civil courts or commercial courts of first instance. Amendments introduced to the CCP by the Law Important amendments have been introduced to the provisions on arbitration of the CCP by the Law. To begin with, with the amendment of Art. 410 of the CCP, the competent court with regard to the lawsuits