Originially from: World Arbitration and Mediation Review (WAMR)

RECIPROCITY IS KEY TO ENFORCEMENT
OF FOREIGN AWARDS IN TURKEY
By Cinar Kologlu, Kologlu Law Offices, Izmir
Enforcement of foreign arbitral awards in Turkey is governed by the
International Private and Procedural Law of 1982 (IPPL). Although Turkey is not
yet a party to the New York Convention, the IPPL’s provisions on enforcement of
awards have been adopted from the Convention. Under the IPPL, foreign awards
must not be contrary to morality or public policy and must issue from a dispute
that is arbitrable under Turkish law. In addition, foreign awards must meet the
following conditions to be enforceable:
Existence of a valid arbitration agreement. Validity is to be determined
pursuant to the substantive law chosen by the parties or, in the absence of such a
choice, the law of the place of arbitration.
Due process. Each party must have been duly represented before the arbitral
tribunal or must have expressly agreed to the manner in which the proceedings
were conducted in its absence. The party against whom enforcement is sought
must have been given proper notice of the tribunal’s appointment and the
opportunity to present its case.
Appointment of arbitrators and choice of law. The appointment of the
arbitrators and the choice of the law governing the proceedings should comply
with the parties’ agreement or, in the absence of such agreement, with the law of
the place of arbitration.
Scope. The award should be confined to matters within the scope of the
arbitration agreement or clause. If decisions on matters within the scope of the
clause can be separated from those that are outside it, the former may be enforced.
Finality. The award must have become final and enforceable in accordance with
the law governing the proceedings or the law of the place of arbitration, and must
not have been set aside by a competent authority of the country in which (or under
the law of which) the award was made.
Reciprocity. There must be: (i) a treaty in effect between Turkey and the
country in which or under the procedural law of which the award was made,
providing for the reciprocal enforcement of arbitral awards, or (ii) de facto
reciprocity between such country and Turkey, or (iii) a provision in the law of
such country for the enforcement of Turkish arbitral awards.