Tüzel Kişilik Perdesinin Kaldırılması Yoluyla Tahkim Anlaşmasının Üçüncü Kişilere Teşmili

Abstract

The basis of arbitration proceedings is the will to arbitrate. Therefore, only those who express their will to arbitrate can be parties to arbitration proceedings. Although this is the rule, today it is becoming more difficult to accept that the legal disputes resolved in arbitration proceedings arise out of the legal relationship between the parties to the arbitration agreement. This situation necessitates the need to include in the arbitration proceedings those who may be considered parties to the underlying contract (legal relationship) under which the arbitration agreement was concluded, or who are closely related to the dispute arising from this contract. It is argued that the extension of the scope of the arbitration agreement to third parties may be possible by extending the scope of the arbitration agreement to third parties. Extension is a very exceptional practice and there are various theories that stand out as the basis for extension. The theory of lifting the veil of legal personality, which has emerged in the field of substantive law, is among these theories. This theory, which is an exception to the principle of limited liability in legal entities, shows an exceptional feature such as the extension of the arbitration agreement to third parties. In order to lift the veil of legal personality and hold the person behind the veil liable in terms of the underlying legal relationship from which the dispute in arbitration arises, first of all, the natural or legal person behind the veil must be a party to the arbitration proceedings. In this sense, this thesis focuses on whether it is possible to include the person hiding behind the veil of legal personality within the scope of an arbitration agreement to which he or she is not a party.In order to lift the veil of legal personality and hold the person behind the veil liable in terms of the underlying legal relationship from which the dispute in arbitration arises, first of all, the natural or legal person behind the veil must be a party to the arbitration proceedings. In this regard, this thesis focuses on whether it is possible to include the person hiding behind the veil of legal personality within the scope of an arbitration agreement to which is not a party.