The Court of Cassation Changes Its Precedent on Post-Mediation Arbitration (Med-Arb) Agreements

The Court of Cassation’s 3rd Civil Chamber, by its decision dated 15 January 2026 (File No. 2025/5452, Decision No. 2026/129), upheld the validity of a “mediation first, arbitration if unresolved” (Med-Arb) clause and marked a shift in its case law by departing from its earlier reversal approach on the same issue.