LEGAL BENEFIT IN THE REQUEST OF SETTING ASIDE WITH THE SAME LEGAL GROUND WITHOUT REQUESTING ADDITIONAL AWARD

In the final arbitral award, if the parties’ requests have not been decided entirely, there are two possibilities for them to apply. These are request of additional award and setting aside. In some legal instruments, these two possibilities are provided to the parties at the same time and in the others, parties are allowed to request only additional award. Legally, two different questions will be encountered when both possibilities are accepted at the same time in legal instruments. The first one is whether these possibilities are optional or not. The later one may be faced is whether there is a legal benefit to demand setting aside directly against the final award without requesting the additional to be made. In this study, these questions have been discussed and tried to be answered from the legal point of view