NEWSLETTER-2019-metin

130 NEWSLETTER 2019 Another group draws a distinction that is based upon the relief sought: They argue that disputes concerning the determination of nul- lity or invalidity are not subject to the parties’ will and, thus, are not arbitrable, but find claims for the cancellation of general assembly resolutions arbitrable. The third view which reflects my view as well, states that all dis- putes concerning the determination of nullity or invalidity, or cancel- lation of general assembly resolutions, are subject to the parties’ will and are, thus, arbitrable. The Court of Cassation finds the cancellation of general assembly resolutions not arbitrable, and makes this clear in a decision it rendered in 2012: “A dispute concerning the cancellation of a general assembly resolution cannot be resolved by an agreement between a claimant and a defendant. ” 4 Dissolution of the Company In the doctrine, three main arguments are put forth regarding the arbitrability of disputes concerning the dissolution of companies. The first group indicates that dissolution cases are independent of the will of the parties and, therefore, are not arbitrable. The second group makes a distinction based on whether or not the cause of dissolution is voluntary, and finds voluntary dissolutions subject to the will of the parties, and thus, arbitrable. On the other hand, the arbitrability of the dissolution of companies for just cause constitutes a separate matter of debate. The third opinion on this issue, which may be referred to as the liberal opinion, states that the dissolution of companies is subject to the will of the parties without exception, and these disputes are arbitrable. However, in accordance with the established case-law of the Court of Cassation, the dissolution of companies is not subject to the will of the parties and is not arbitrable. For example, in its decision of 9 April 2014, the Court of Cassation stated, as follows: 4 11. CC, E. 2011/13485, K. 2012/19915, 05.12.2012.