ERDEM-NEWSLETTER-2018-metin

173 ARBITRATION LAW constitute a violation of the parties will and the principle of legal cer- tainty stipulated under Article 2 of the Constitution. In this respect, it was concluded that as a result of the legal pro- ceeding that is conducted under the scope of an arbitral agreement concluded prior to the entry into force of the CCP, provisions regard- ing the manner of appeal regulated under the fCPP shall be applied to any arbitral award that was issued after the entry into force of the CCP. Conclusion In its decision numbered 2016/2 E. 2018/4 K., the General As- sembly evaluated the nature of the arbitration agreement under the scope of a material law contract, a provisional law contract and mixed contract arguments and reached the conclusion that the arbitration agreements predominantly qualify as procedural law contracts. In light of the nature of procedural law contracts, the ratione temporis applica- tion of laws led to the conclusion that the arbitration agreements shall be subject to the rule of direct implementation of procedural provi- sions as the CCP does not stipulate a special transactional provision in this respect. In conclusion, in the disputes stemming from an arbitration agree- ment that was concluded while the fCPP was still in force, the arbitral awards issued after 01.10.2011which is the date of entry into force of the CPL, shall be subject to the setting aside procedure.