Recognition and Enforcement - Chapter 20 - Arbitration Law of Turkey: Practice and Procedure
Dr. Ziya Akinci, is the founding partner of AKINCI Law Oices, Turkey. He sits as an arbitrator in disputes under the ICC and other institute rules, including ITO and TRAC and also under ad hoc rules. Dr. Akinci acts as party counsel in arbitrations, both domestic and international, and under ICC, ICSID and ad hoc rules. He has previously been requested to provide expert opinions in some arbitration cases. Dr. Akinci is member of the ICC Court.
Originally from Arbitration Law of Turkey: Practice and Procedure
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;
20 RECOGNITION AND ENFORCEMENT
20.1 THE APPLİCABLE RULES FOR RECOGNİTİON AND ENFORCEMENT
126.96.36.199 The Documents to Be Supplied
188.8.131.52 Competent Court
184.108.40.206 The Procedure of Enforcement
220.127.116.11 The Consequence of the Court Decision of Enforcement
20.2 GROUNDS FOR REJECTING RECOGNITION AND ENFORCEMENT
20.2.1 Invalidity of the Arbitration Agreement or Incapacity of the Parties
20.2.2 Violation of Due Process
20.2.3 Excess of Authority
20.2.4 Irregularity in the Composition of the Arbitral Tribunal or in the Arbitral Procedure
20.2.5 Award Not Binding or Set Aside
20.2.7 Violation of Public Policy
20.2.8 Reciprocity Reservation
20.2.9 Commercial Reservation
20.3 RECOGNITION AND ENFORCEMENT UNDER TURKISH IPPC