Substantive Proceedings Conducted in the Civil Court in Reversing of the Final Decision not on merits made by the Dispute Resolution Council

The prevailing view among civil courts concerning final decisions not on merits issued by the judge of the Dispute Resolution Council, dealt with by the General Court in civil matters as an appellate court is that the case must be returned to the Council to deal with the merits of the dispute in case of reversal of the decision of the Council, taking into account Article 18 of the Dispute Resolution Councils Act, Article 353 of the Civil Procedure Act, and the Principle of the two step judicial process. However, in the author's opinion, taking into account the clear wording of Note 2 of Article 18 of the Dispute Resolution Councils Act which considers the request for an appeal of the decisions made by a Council judge to be subject to the Council Act, the appelate court must directly make a decision (including judgement or writ) in case it reverses the decision in question. Moreover, the view of the General Legal Department of the Judiciary, the High Committee of the Judicial Meetings, and the approach of Judicial Development Instrument to reduce delay in proceedings by eliminating unnecessary steps from the proceedings, confirms this perspective.