Abstract:

Arbitration is a dispute resolution method that has been used since years when people accepted to live by organizing around certain laws and moral rules. Judicial process is mainly carried out by independent courts established by the state; however, disputes eligible for arbitration in the field of private law are allowed to be resolved through arbitration through independent and impartial arbitrators/arbitrators. Arbitration is regulated as a solution that can be resorted to in national and international legal disputes. In Turkish law, national arbitration (internal arbitration) is regulated in the Code of Civil Procedure. Internal arbitration is essentially a fast, simple and reliable method of dispute resolution. Because, although there are certain limitations in the law, it is possible for the parties to resort to arbitration in disputes related to the issues that they can freely dispose of at will. In fact, the parties have the opportunity to freely determine the arbitrator. However, arbitration proceedings are conducted within the framework of existing legal rules. The most important consequence for the parties of the decisions rendered as a result of the arbitration proceedings is that the decisions rendered by the arbitrators have the effect of definitive judgment and binding. With the final decision of the arbitrator/arbitrators regarding the dispute between the parties, the decision becomes enforceable, it not need to be definiteness. Although there is no clear regulation in the law, the decisions made as a result of the arbitration must be written with reasons. Otherwise, the right to be heard, which is one of the basic principles of the proceedings, will be violated. Therefore, the arbitral decision rendered without reasons should be subject to an action for annulment.

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