Turkey - Appendix Legislation - World Arbitration Reporter, Second Edition
TURKEY
TABLE OF CONTENTS
A1. International Arbitration Law 2001
CHAPTER ONE
General Provisions
Article 1
Purpose and Scope
Article 2
Foreign element
Article 3
Competent Court and Extent of Court Intervention
CHAPTER TWO
Arbitration Agreement
Article 4
Definition and Form
Article 5
Objection as to arbitration before the court and agreement to arbitrate
Article 6
Interim measures of protection and interim attachments
CHAPTER THREE
Appointment, Challenge, and Responsibility of Arbitral Tribunal, Termination of Its Duties and
Its Competence
Article 7
Appointment, challenge, and responsibility of arbitral tribunal, termination of its duties
and its competence
CHAPTER FOUR
Arbitration Procedure
Article 8
Determination of the rules of procedure, equal treatment of parties and their
representation
Article 9
Place of arbitration
Article 10
Commencement, term and language of arbitration, statement of claim and defense, terms
of reference
Article 11
Hearing and proceedings in writing, losing capacity to be a party, default of a party to
participate in arbitral proceedings
Article 12
Expert appointment by arbitral tribunal, taking evidence, rules applicable to substance of
dispute and settlement
Article 13
Decision making by panel of arbitrators, termination of proceedings
Article 14
Form, content, correction and interpretation of award, additional award, written
notification
CHAPTER FIVE
Recourse Against Arbitral Awards
Article 15
Application for setting aside and arbitral award becoming enforceable
CHAPTER SIX
Costs of arbitration
Article 16
Fees of arbitrators, costs of proceedings, deposit of advance, payment of costs
CHAPTER SEVEN
Final Provisions
Article 17
Repealed and inapplicable provisions
Transitory Article 1
Article 18
Entry in force
Article 19
Implementation
A2. International Private and Procedural Law 2007 (excerpts)
PART I
Private International Law
Chapter I
General Provisions
Article 1- Scope
PART II
International Procedure Law
Chapter I
International Jurisdiction of Turkish Courts
International jurisdiction
The cases relating to the personal status of Turkish citizens
Certain cases relating to the personal status of foreigners
The cases relating to inheritance
The cases relating to individual employment contracts and individual employment
relations
The cases relating to consumer contracts
The cases relating to insurance agreements
Jurisdiction agreement and its limits
Security
Circumstances where a foreign state cannot benefit from state immunity
Chapter II
The Enforcement and Recognition of Foreign Judgments and Arbitral Awards
Enforcement decision
Jurisdiction
Enforcement request
Documents to be attached to the petition
Requirements for enforcement
Notification and objection
Decision
Execution and appeal
Recognition
Effect of final and binding judgment and of definitive evidence
Enforcement of foreign arbitral awards
Petition and review procedure
Grounds of refusal
The recognition of a foreign arbitral award
PART III
Final Provisions
Abolished provisions
Entry into force
Execution
A3. Law. No. 4501 on Principles That Shall Be Complied with When There Is Access to
Arbitration for Disputes Arising from Concession Contracts 2000 (excerpts)
Purpose
Definitions
Resolution of Disputes Involving Foreign Element by International Arbitration
Principles Concerning Arbitration
Filling Gaps