Enforcement of Foreign Arbitral Awards in Turkey. Further Steps Towards a More Arbitration-Friendly Approach

Abstract

The aim of this study is to set out the main principles with regard to the enforcement of foreign arbitral awards under Turkish law, and to question the main impediments that prevent enforcement. In this framework, prominent judgments of the Turkish Supreme Court and the approach of the Turkish legal doctrine are analysed in a holistic manner. We first consider whether the New York Convention or the Turkish Code on Private International Law should prevail when rendering an enforcement judgment. After this, we aim to explain how the conditions for enforcement should be interpreted according to the general characteristics and the main structure of international arbitration law. In this regard, the amendments brought in by the recent Turkish Code on Private International Law are scrutinised in order to reveal whether they give rise to a more arbitration-friendly climate. As a result, it will become easier to foresee the points which should be considered in obtaining an arbitral award that might be enforced in Turkey.