{"title":"Setting Aside Arbitral Awards for Contradicting Public Policy According to the Turkish International Arbitration Act","authors":"Asli Bayata Canyas","doi":"10.1515/gj-2021-0038","DOIUrl":null,"url":null,"abstract":"Abstract This study analyses the setting aside of arbitral awards for contradicting public policy according to the Turkish International Arbitration Act. In a setting aside action, the arbitral award is not scrutinized on its merits; rather, only certain grounds are taken into consideration. One ground that judges evaluate on their own motion is being against public policy. We believe that a more international public policy understanding that is in harmony with the needs and requirements of international arbitration should be adopted.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"22 1","pages":"157 - 175"},"PeriodicalIF":0.0000,"publicationDate":"2021-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2021-0038","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Global Jurist","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/gj-2021-0038","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
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Abstract
Abstract This study analyses the setting aside of arbitral awards for contradicting public policy according to the Turkish International Arbitration Act. In a setting aside action, the arbitral award is not scrutinized on its merits; rather, only certain grounds are taken into consideration. One ground that judges evaluate on their own motion is being against public policy. We believe that a more international public policy understanding that is in harmony with the needs and requirements of international arbitration should be adopted.
期刊介绍：
Global Jurist offers a forum for scholarly cyber-debate on issues of comparative law, law and economics, international law, law and society, and legal anthropology. Edited by an international board of leading comparative law scholars from all the continents, Global Jurist is mindful of globalization and respectful of cultural differences. We will develop a truly international community of legal scholars where linguistic and cultural barriers are overcome and legal issues are finally discussed outside of the narrow limits imposed by positivism, parochialism, ethnocentrism, imperialism and chauvinism in the law. Submission is welcome from all over the world and particularly encouraged from the Global South.
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