NEWSLETTER-2019-metin

176 NEWSLETTER 2019 proceeding, rather than requesting for arbitration is contrary to the arbitration agreement 5 . Scholars who suggest that an action for annulment of objection can be heard before an arbitral tribunal assert the following reasons: • The inference suggesting that Article 6/2 of the IAA is an obstacle for arbitral tribunals to hear an action for annulment of objection is not accurate when the arbitrators are, in fact, competent to bind the execution offices with their final arbit- ral awards 6 . • Parties may initiate execution proceedings without judgment since these proceedings are not part of the court’s adjudicati- on process 7 . • The legal benefit of the parties is not suffered when the arbit- rators hear the action for annulment of objection or rule on bad faith compensation 8 . Court of Cassation also held different decisions on this matter: On 14 December 2000, the 19th Chamber of the Court of Cas- sation held in its decision No. 2000/5610 E. – 2000/8669 K. that the action for annulment of objection cannot be heard by the arbitrators, as follows: “The defendant argues that the plaintiff cannot initiate an execution proceeding without judgment where they have a bin- ding agreement stipulating that all disputes will be resolved by ar- bitration. However, in such a case, the plaintiff cannot ask for an annulment of objection from the arbitrators. Taking the principle of procedural economy into the consideration, it should be possible 5 Yılmaz , p. 540-541. 6 Yeşilırmak , p. 220. 7 Kuru , p. 5980; Kuru, Baki : İcra ve İflâs Hukuku El Kitabı, Ankara, 2013, p. 253-254; Pekcanıtez/Atalay/Sungurtekin Özkan/Özekes : İcra ve İflâs Hu- kuku, Ankara, 2012, p. 199-200; Yeşilırmak , p. 225; Özkan, Yönel : İcra İflâs Hukukunda İtirazın İptali Davası, Ankara, 2004, p. 121. 8 Yeşilırmak , p. 219.