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ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN TURKEY

FOREIGN CIVIL PROCEDURE


NURETTIN EMRE BİLGİNOĞLU

NURETTIN EMRE BİLGİNOĞLU,
Attorney
at Caglayan & Yalcin Attorneys-at-Law

Arbitration is indubitably becoming a common way of resolving disputes. Arbitration
provides speed, neutrality, accuracy and enforceability; as a result it has been mainly
preferred over litigation. Arbitration procedure is very important indeed. However, enforcing
the arbitral award is as important as arbitration procedure itself, because an award that is
not enforced does not contribute to the parties in any way. Parties of arbitration procedure
prefer arbitration, as the judgment has a high chance to be enforced under the 1958 New
York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which
already has been adopted by 151 of the 193 United Nations Member States. Turkey is
one of these 151 countries; however, there are not enough sources in English that discuss
the recognition and enforcement of foreign arbitral awards pursuant to Turkish law. This
research paper intends to explain the recognition and enforcement of foreign arbitral awards
in Turkey, starting with a brief explanation on arbitration and foreign arbitral awards.
Next, the Turkish regulation regarding the recognition and enforcement of foreign arbitral
awards and the 1958 New York Convention are represented. Furthermore, limited defenses
preventing enforcement are explained. Additionally, this research paper does not only stay
with the theory, but also discusses the matters in the light of the decisions of the Turkish
Court of Cassation. Consequently, the research paper offers profitable information in English
regarding the recognition and enforcement of foreign arbitral awards.

Keywords: enforcement; foreign law; arbitral awards; foreign arbitral awards; Turkey;
arbitration procedure.

References

Ashford P. Handbook on International Commercial Arbitration. Jurisnet, 2014.
Carbonneau T.E. Arbitration in a Nutshell. 3rd ed. West Academic Publishing, 2012.
Carter J.H., Fellas J. International Commercial Arbitration in New York. Cambridge
University Press, 2013.
Ekşi N. Yabancı Mahkeme Kararlarının Tanınması ve Tenfizi. Beta, 2013.
Karton J. The Culture of International Arbitration and the Evolution of Contract Law.
Arbitration International, 2013, vol. 29(3).
Nomer E., Ekşi N., Gelgel G.Ö. Milletlerarası Tahkim Hukuku. Beta, 2013.
Paulsson J. The Idea of Arbitration. Oxford University Press, 2013.
Rogers C. Ethics in International Arbitration. Oxford University Press, 2014.
Zekos G.I. Constitution, Arbitration & Courts. Nova Science Publishers Inc., 2013.

Information about the author

Nurettin Emre Bilginoğlu (Istanbul, Turkey) – Attorney at Caglayan & Yalcin
Attorneys-at-Law (Altunizade Mah., Fahrettin Kerim Gokay Caddesi, Bestekar Saadettin
Kaynak Sokak No: 3/7, Uskudar, 34662, Istanbul, Turkey; e-mail: emre@caglayanyalcin.
com).

Recommended citation

Nurettin Emre Bilginoğlu, Ispolnenie inostrаnnykh аrbitrаzhnykh reshenij v Turtsii
[Enforcement of Foreign Arbitral Awards in Turkey]. Вестник гражданского процесса =
Herald of Civil Procedure, 2019, no. 2, p. 138–148. (In Russian) DOI: 10.24031/2226-0781-
2019-9-2-138-148

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