Originally from Arbitration Law of Turkey: Practice and Procedure

CHAPTER 20

RECOGNITION AND ENFORCEMENT

Foreign awards can be recognized and enforced in Turkey. One should note that only awards given by an arbitrator can be recognized and enforced and other types of binding or non-binding decisions such as expert determinations, adjudications or valuations are not considered to have the status of an arbitral award and are therefore not enforceable. The question of whether or not a decision may be considered as an award is determined according to the country of origin1.

As will be explained below, the awards that have not yet become binding may not be recognized or enforced under Article V (1) (e) of the New York Convention. Thus, provisional measures ordered by arbitral tribunals are not enforceable under the New York Convention. However, Turkish Courts may be asked to grant such measures since Article 5 of TIAC is also applicable for arbitrations where the place of arbitration is outside Turkey.

Under Turkish law, the recognition of foreign judgments is subject to different requirements, not only that of enforcement. However, there is no such difference for arbitral awards.

Regarding the recognition and enforcement of an arbitral award, the Turkish legislator has adopted an approach that differs from that of the Model Law. The provisions of the Model Law concerning the enforcement of foreign awards were not adopted since the New York Convention is in any case applicable under Turkish law. For foreign awards that are not within the scope of the New York Convention (which is very seldom) the Turkish International Private and Procedural Code is applicable2. By incorporating the provisions of the New York convention, Turkish law abandoned the idea of an autonomous national regime for the enforcement of foreign awards;