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The Turkish Supreme Court’s Approach to Recognition and Enforcement of Foreign Arbitral Awards under the New York Convention
Cemile Demir Gökyayla
Arbitration
Turkey has been a Contracting State to the New York Convention 1958. Numerous Turkish
Supreme Court’s decisions on the recognition and enforcement of foreign arbitral awards depict
the arbitration climate in Turkey as well as the distinct features of the enforcement proceedings
before the local courts. As the Convention does not describe the procedural rules and jurisdiction
of the enforcement courts, they are both subject to Turkish law. The paper analyzes the
Supreme Court’s decisions, including the contradictory ones, on each ground to refuse the
enforcement under the Convention and reverts to the leading Turkish doctrine in the field to
either reveal different views or unanimously established principles. This paper aims to reflect the
Supreme Court’ decisions from an objective point of view in order to assist non-Turkish lawyers