NEWSLETTER-2019-metin

174 NEWSLETTER 2019 Action for Annulment of Objection before Arbitration* Att. Ayca Bengu Koksal Introduction Action for annulment of objection is regulated under Article 67 of the Bankruptcy and Enforcement Law No. 2004 (“Law No. 2004”). According to this Article, “ The creditor whose execution proceeding is interrupted by the debtor’s objection may file an action for annulment of objection within one year as of the receipt of such objection and may ask the court to examine the case under general rules of law. ” The main purpose of such action is to continue the execution proceed- ings that have been interrupted by the debtor’s objection. Since this action for annulment of objection will be heard under the general rules of law, the decision rendered after such adjudication shall be deemed final and binding in terms of substantive law. That being said, scholars and the court decisions continue to debate whether this action for an- nulment of objection is to be heard before an arbitrator or an arbitral tribunal. Scholarly Opinions and Jurisprudence on Arbitral Tribunals Hearing Action for Annulment of Objection Arbitration agreement is an agreement where real or legal persons leave the arbitrator or arbitral tribunal to settle their existing or future disputes that are not related to the public order 1 . The parties may de- cide freely on the rules applicable to the procedure and merits of the dispute in the most suitable manner for them, and depending on the nature of the dispute itself. When the parties, however, show intent to leave arbitrators to settle these disputes, does this mean that they * Article of December 2019 1 Decision of General Assembly on the Unification of Judgments, 1993/4 E. 1994/1 K., 28.01.1994 www.kazanci.com (Access date: December 2019).