The Set­ting Aside of Ar­bit­ral Awards on the Ground of Vi­ol­a­tion of the Right to Be Heard in Turk­ish Ar­bit­ra­tion Law (CCP Art. 439/2(f))

De­vel­op­ment sum­mary

Nage­han Okumuş ex­am­ines the action to set aside ar­bit­ral awards under art­icle 439 of the Turk­ish Code of Civil Pro­ced­ure, which serves as the means of re­view­ing awards. The art­icle con­cen­trates on one ground for set­ting aside: fail­ure to re­spect the right to be heard (due pro­cess) in ar­bit­ral pro­ceed­ings.

The author first ad­dresses the concept of the right to be heard, then the cir­cum­stances in ar­bit­ra­tion that may amount to a vi­ol­a­tion of it. The art­icle closes by con­sid­er­ing how such a vi­ol­a­tion is to be al­leged.