The effect of not objecting to the invalid arbitral awards, the manner of consideration and the effects of the annulment of the arbitral award: With emphasis on international commercial arbitration law

Arbitration litigation is not always without its drawbacks, so the legislature has considered ways to invalidate arbitral awards, one of which is through retrial. Of course, this issue is controversial among jurists, because some do not consider the retrial as part of the arbitral awards and consider it possible only through the authority and the court that determines the arbitration, but others have foreseen the retrial in the arbitral awards.          

This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically.   

An important issue is the determination of the competent court to consider the annulment of the arbitral award. There are differences of opinion on this issue as well, as national legal systems may also claim jurisdiction over the annulment of arbitration. Therefore, only the national courts can hear the request for annulment of the verdict, which according to the criteria accepted in the relevant legal system of the court, the verdict of the petition for annulment is considered internal to that country. Therefore, in this study, ambiguities and conflicts in the field of retrial and competent court to cancel the arbitral award were resolved.