NEWSLETTER-2019-metin

348 NEWSLETTER 2019 Challengeable Awards As a rule, only the awards that are final and end the arbitral proceedings are challengeable before SFT, whilst interim decisions, which do not finalize the arbitral proceedings, are not. However, as an exception, an action for annulment can be filed before the SFT against the interim decisions regarding the (i) jurisdiction of the arbitral tribu- nal and (ii) challenge of the arbitral tribunal. The reasoning for this is that in such cases, the Panel finalizes the proceedings by stepping back from the proceedings. In this regard, firstly, an action for annulment can be filed against CAS awards that concern dismissal of the case. In addition to the awards rendered by CAS arbitrators regarding the merits of the dismissal, in light of the above-mentioned explanations, procedural awards that finalize the proceedings may also be subject to an action for annulment. In so far as an award regarding the dismissal of a case rendered by CAS arbitrators due to non-payment of the expenses by the claimant may also be subject to an action for annulment 8 . Persons Who May Request Annulment of Award In accordance with Article 76 of the Supreme Court Act (“SCA”), persons who are parties of the arbitral proceedings, or who are deprived of their ability to act as a party, and who are exclusively affected by the award that is subject to the annulment, and has an interest in the amendment/annulment of the award, can file an action for annulment. In this respect, the right to file an action for annulment is primarily given to the persons who are parties to arbitration proceedings; thus, third parties who are not party to the proceedings are prevented from intervening at a later stage, and the possibility of changing the course of action would be prevented. However, the persons who are not par- ties of the proceeding, but who have a legal interest in the annulment or amendment of the award, are not prevented from filing an action, thereby protected from experiencing a loss of rights. In addition, the 8 Ekşi, p. 546.