ERDEM-NEWSLETTER-2018-metin

123 ARBITRATION LAW to be filed before state courts concerning arbitral proceedings has been determined as the civil court of the commercial court of first instance located at the place of arbitration, depending on the subject of the dis- pute. The provision prior to this amendment set forth that the regional courts of appeal shall have jurisdiction with regard to these lawsuits. Another amendment introduced by the Law is the provision pertaining to the jurisdiction of regional courts of appeal located at the seat of arbitration, with regard to set-aside actions to be initiated against the arbitral awards within the scope of the CCP, namely, Art. 439/1 of the CCP. The provision prior to this amendment set forth that the courts of first instance located at the place of arbitration shall be competent with regard to set-aside actions. Through these amendments, the provisions of the CCP have been harmonized with the IAA. Pursuant to the Law, the competent court with regard to lawsuits regarding arbitration proceedings to be initi- ated before state courts is the civil court or commercial court of first instance, depending on the subject of dispute, similar to the provisions under the IAA. The set-aside actions are the exception to this general rule, which shall be heard by the regional courts of appeal. Conclusion Through the Law, the amendments made to the provisions regu- lating lawsuits pertaining to arbitration proceedings under the IAA and CCP have been harmonized. Under both legislations, the competent court with regard to set-aside actions against arbitral awards is the regional court of appeal. With regard to other lawsuits pertaining to arbitral proceedings, the civil court or commercial court of first in- stance shall be competent, depending on the subject of dispute. The provision pertaining to the competence of regional courts of appeal, instead of the courts of first instance in set-aside actions, is in line with international practice on this matter. These provisions would, beyond any doubt, contribute to the arbitration-friendliness of the Turkish legislation.