15th CIVIL CHAMPER JUDGMENT REGARDING THE ARBITRATION DECISION
The 15th Civil Chamber of the Court of Cassation made evaluations regarding the arbitration in the dispute arising from the contract of work in its decision numbered 2019/3335 case numbered2019/1234, dated 11.07.2019. It has been decided that the work contract named "Education and Health Campus-City for Children with Leukemia Project Realization Agreement" was signed by the foundation employer and the company and in case of disagreement, arbitration will be applied. A lawsuit has been filed for the annulment of the decision of the arbitral tribunal and the 27th Civil Champer of the Regional Court of Justice has decided to reject the request for annulment. An appeal has been filed against the decision made by the plaintiff employer. In the appeal review made by the 15. Civil Champer; While the rejection of other appeal requests of the plaintiff in the cancellation case is decided, in the main and merging case; The decision of the Regional Court of Justice was reversed by the majority of votes on the grounds that it was decided more than the request of the plaintiff-counter-defendant and this was contrary to the public order pursuant to Article 439 / ğ of the Code of Civil Procedure.
13TH CIVIL CHAMPER JUDGMENT RELATING TO THE ARBITRATION CONDITION
13. Civil Champer of the Court of Cassation made evaluations regarding the arbitration clause in its decision numbered 2019/1333, case numbered 2016/5227, dated 06.02.2019. The plaintiff claimed that the receivable, which became due according to the contract between them and the defendant club, was not paid despite the warning, and requested that the collection be decided. The defendant club attorney requested the dismissal of the case, arguing that there is an arbitration clause regarding the .... Arbitration Board. Despite the provision in Article 5 of the International Arbitration Act that, in a dispute that is the subject of the arbitration agreement, if a lawsuit is filed in court, the other party may file an arbitration objection; it is concluded that the arbitration clause transferred is ineffective for the plaintiff or impossible to apply, and with the court's rejection of the objection to arbitration and the merits of the matter should be examined, while the decision of the procedural rejection of the case with written justification was reversed by the Court of Cassation.