ERDEM-NEWSLETTER-2018-metin

172 NEWSLETTER 2018 Evaluation of the Principles Regarding the Ratione Temporis Application of Laws In the Decision, following the assessment of the procedural na- ture of the arbitration agreement, the difference between the ratione temporis application of the amendments on the material and the pro- cedural law was discussed. In this context, it was emphasized that the amendments on the material law are not retroactive, in other words they are applied to the legal cases and relations that occurred after their entry into force (in principle); whereas, the amendments to the procedural law are subject to the principle of immediate implementation 6 . As underlined in the preamble of the decision, no special transi- tional provision regarding the ratione temporis implementation of the arbitration clauses is regulated under the CCP. In this respect, it was stated that the transition provisions not stipulated by the law cannot be stipulated by the will of the parties; hence, the parties are not given the freedom to choose the applicable legal remedies to the arbitral award. Therefore, it was concluded that the provisions of the CCP shall be applied immediately to any incomplete transactions in the arbitra- tion proceedings as of the date of the entry into force of the CCP. What is more, even if the arbitration agreement was concluded when the fCPP was still in force, in the event the arbitral award is issued after the entry into force of the CCP, the arbitral award may only be subject to an annulment action as per the CCP. Dissenting Vote In the preamble of the dissenting vote, the importance of the par- ties’will to determine the procedure in arbitration was emphasized and it was argued that the arbitration agreement is a material law transac- tion. It was emphasized that subjecting parties to provisions that could not be foreseen at the time of the conclusion of the contract would 6 According to the principle of immediate implementation, the new law covers procedural procedures that have not yet been concluded. Postacıoğlu, İlhan E .: Medeni Usul Hukuku Dersleri, 7. ed., İstanbul 2015, p. 14; Pekcanıtez / Atalay / Özekes , p. 70.