International Private Law of Turkey, Provisions related to Enforcement of Foreign Arbitral Awards

Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr

Article 60- (1) Final and executable or binding upon the parties foreign arbitral awards may be subject to enforcement.

(2) The enforcement of a foreign arbitral award shall be requested by a petition from the Court of First Instance mutually designated by the parties in writing. In the absence of such agreement, the competent court shall be the court at the domicile of the person in Turkey against whom the award is rendered, or in the absence of domicile, the person’s place of habitual residence, and in the absence thereof, the court at the location of the property that may be subject to execution.

Petition and Review Procedure

Article 61-

(1) A party requesting enforcement of a foreign award shall attach the copies of the following documents depending on the number of the other parties:

1. a) The original or duly certified copy of the arbitration agreement or arbitration clause,
2. b) The original or duly certified copy of the final and executable or binding upon the parties arbitral award,
3. c) Translations and duly certified copies of the documents listed in (a) and (b), above.

(2) The court shall apply Articles 55, 56 and 57 of this Chapter by analogy with regard to the recognition of arbitral awards.

Grounds for Dismissal

Article 62-

(1) The court shall dismiss the enforcement request of a foreign arbitral award, if,

1. a) An arbitration agreement is not executed or arbitration clause does not exist in the main agreement,
2. b) The arbitral award is contrary to public morality or public order,
3. c) It is not possible to settle the dispute subject to the arbitral award by way of arbitration under Turkish law,

ç) One of the parties has not been duly represented before the arbitrators and has not expressly accepted the acts concluded thereafter,

1. d) The party against whom the enforcement of the arbitral award is requested has not been duly notified of the appointment of arbitrators or has been deprived of his/her right to make claim and defense,
2. e) The arbitration agreement or clause is invalid pursuant to the governing law designated by the parties, or in the absence thereof, pursuant to the law of the place where the arbitral award is rendered,
3. f) The appointment of the arbitrators or the procedure applied by the arbitrators violates the agreement of the parties, or in the absence thereof, the law of state where the arbitral award is rendered,
4. g) The arbitral award has been rendered on an issue that is not included in the arbitration agreement or arbitration clause or exceeds the limits of the agreement or the clause (only the exceeding part),
5. h) The arbitral award is not final, enforceable, or binding under the governing law or the governing procedure or the law

of state where it was rendered or it is annulled by the competent authority in the place where the award is rendered.

(2) The burden of proof regarding issues addressed in the paragraphs (ç), (d), (e), (f), (g), and (h) above, lies on the party against whom enforcement is requested.

The Recognition of the Decisions of Foreign Arbitrator

Article 63-

(1) The recognition of the decisions of foreign arbitrator is also subject to the provisions related to their enforcement.

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