ERDEM-NEWSLETTER-2018-metin

171 ARBITRATION LAW tive in accordance with the will of the parties 2 . In this respect, it was emphasized that the arbitral awards are considered as contracts instead of court rulings hence they shall be subject to the invalidity of the contracts regulations. It was indicated that, according to the procedural law contract ar- gument, the results of the arbitration agreements are seen in the proce- dural law and arbitral awards are qualified as res judicata and may be enforced. Hence, the arbitration agreements are defined as procedural law contracts by the supporters of this opinion. It was emphasized that, according to the mixed contract argument combining the above mentioned arguments on a common ground, the arbitration agreements have both procedural and material contract qualities. It was stated that, whereas the characteristics of a material law contracts are visible in the process of contract conclusion and the areas that are subject to the will of the parties; the enforceability of the arbitral award is an important reflection of the procedural law contracts 3 . It was emphasized by the General Assembly who evaluated the aforementioned opinions, the results of the arbitration agreements are seen predominantly in procedural law and the arbitration agreements do not have the characteristics of the material law contract, such as creation or abolition of a right 4 . In this respect, it was concluded that the arbitration agreements are predominantly procedural contracts 5 . 2 Aydemir, Fatih : Türk Hukukunda Tahkim Sözleşmesi, 1st ed, İstanbul 2017, p. 67. 3 Yeşilova, Bilgehan: “Milletlerarası TahkiminHukuki Niteliği ÜzerineDüşünceler ve Güncel Gelişmeler”, Türkiye Barolar Birliği Dergisi, No. 76, 2008, p. 109. 4 The same opinion is adopted in the decision of the Court of Cassation, 22.02.202, No. 2011/19-735 E. 2012/93 K. 5 According to the opinion of procedural law contract, parties’ subjecting them- selves to the settlement of their ongoing or future disputes by arbitrators, dem- onstrates that the arbitration agreement has a procedural characteristic. Aydemir , p. 72; Pekcanıtez, Hakan; Atalay, Oğuz; Özekes Muhammet : Medeni Usul Hukuku, 14th ed., Ankara 2013, p. 1074.