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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals

The Turkish Supreme Court’s Approach to Recognition and Enforcement of Foreign Arbitral Awards under the New York Convention

  • Publication Name: Arbitration
  • Publication Name Index: 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

better understand Turkish law and practice.