TERMINATION OF PROCEEDING IN INTERNATIONAL ARBITRATION LAW VIA AWARD (Studying the Turkish Legislation in the light of UNCITRAL Model Law)
In the scope of our study, after giving biref information about arbitral proceeding we have focused systematically on termination of arbitral proceeding via award. In the context of the research, Turkish International and Domestic Arbitration Rules (MTK, HMK) investigated based on UNCITRAL Model Law, on the other hand ISTAC Arbitration Rules has examined based on the ICC Arbitration Rules. During the study, we tried to explore similarites and differences among the national and the international rules and regulations about the arbitration.
One of the main purpose of the study is to collect the items in the different rules and national laws which is related with termination of proceeding and perform comparative analysis of the such regulations. As we see during the study, as any other country in the World, we have national laws which are mostly in allignment with the UNCITRAL Model Law. Harmonizaiton among the national and international arbitraiton law which become an essential part of the international commerce is a püre fact which is not ignorable.
On the other hand, after brief literature survey we can easily see that there is a lack of academic records on the termination of proceeding area in the arbitration law both in the nataional and international law. Especially in our country, this deficiency causes serious problems in the arbitral proceeding and the enforcement of the awards. In our study, we try to make a classficiation for the decisions as the award and the order. And we tried to indicate the problems that arises because of the lack of clasfication for the decisions by investigations of the tribunal decisions.
Conesquently, we believe that it is necessary to make a classfication as award and order, clarify the differences between the different type of decisions is crucial for our naitonal law. For this reason, in our study we tried to make clear the differences between different type of decisions and we focused on the terminaiton fo proceeding via award systematically in this context.
Termination of Arbitral Proceeding, Decision, Award, UNCITRAL, MTK