Milletlerarası Tahkim Kanunu Uyarınca Hakem Kararının İptali Üzerine Yeniden Tahkime Gidilmesi

Through an arbitration agreement, the parties refer their dispute to arbitration for resolution by arbitrators. However, the mere rendering of an arbitral award does not necessarily mean that the dispute has been conclusively settled. The award may have been annulled as a result of an annulment action, which functions as a mechanism of judicial control over arbitral decisions. In such a case, the dispute remains unresolved, and thus, the objective pursued by the arbitration agreement has not yet been fulfilled. Accordingly, the parties' intention to resolve their dispute through arbitration, as expressed in the arbitration agreement, necessitates a resubmission of the dispute to arbitrators. In response to this need, Article 15 of the Turkish International Arbitration Law No. 4686 establishes a mechanism that allows re-arbitration following the annulment of an arbitral award. This study examines the concept of re-arbitration after annulment—also recognized in several foreign legal systems—within the framework of Turkish international arbitration law. It first explores the nature of arbitral proceedings conducted after an annulment decision and then analyzes the conditions required for re-arbitration under Article 15.A, including the annulment of arbitral awards, the finality of annulment decisions, the annulment grounds that permit or exclude re-arbitration, and the role of party autonomy. Furthermore, it examines the legal consequences of the existence of conditions for re-arbitration, particularly their effect on recourse to state courts, and seeks to outline certain principles governing the conduct of re-arbitration proceedings.