1958 New York Convention: Enforcement (enforceability) of foreign arbitration awards in Türkiye.
Convention Advantages
- 160+ country parties
- Standard enforcement process
- Reasons for rejection are limited
- Fast process
Enforcement Process
- First instance trade court
- Arbitration decision + apostille/approval
- Decision translation
- Examination
- Enforcement decision (usually 6-12 months)
- Execution with judgment
Reasons for Rejection
- Arbitration agreement is invalid
- Defendant could not exercise his right to defense
- Decision scope of arbitration agreement Except
- The arbitration panel was formed incorrectly
- The decision is not binding or annulled
- It is contrary to Turkish public order
Review of the Turkish Court
- The merits are not entered (only formal review)
- The decision is not re-evaluated
- Reasons for rejection are limited
Supreme Court 11. HD and 19. HD
11. HD adopts that "there should be no substantive examination" in the enforcement of foreign arbitration awards, and that only formal control is sufficient.
Arbitration Agreement
- Must be in writing
- Place freely chosen by the parties
- Applicable arbitration rules (ICC, LCIA, SIAC, etc.)
International arbitration lawyer recommended.