Under Turkish International Arbitration Code, the courts cannot review the merits of the arbitral award and correctness of the arbitrator’s decision. The exclusive way to challenge an international arbitral award is to apply to the courts to have the award set aside.
Indeed, pursuant to Turkish International Arbitration Code, parties to the arbitration do not have a right to challenge an arbitral decision. The legal basis of the UNCITRAL Model Law are also the legal grounds of Turkish laws.
Only the followings may allow a Tribunal to not enforce an arbitral award :
a. in case of lack of capacity of parties to conclude an arbitration agreement or a lack of a valid arbitration agreement;
b. in case of lack of notice of appointment of an arbitrator or of the arbitral proceedings or an inability of a party to present his case;
c. if the award deals with matters that are not arbitrable;
d. if the composition of the arbitral tribunal or conduct of the arbitral proceedings is contrary to the effective agreement of parties or, failing agreement, to the UNCITRAL Model Law;
e. non-arbitrability of the subject-matter of the dispute; and
f. the violation of public policy, which would include serious departures from the fundamental notions of procedural justice.
