A lot of regulations regarding arbitration have been made in Turkish law. International Private Law Act (IPLA), International Arbitration Act (IAA) and Code of Civil Procedure(CCP) has been referred to arbitration, also Turkey signed the New York Convention. Arbitration is also mentioned in the contracts made with countries.
Turkey with legal regulations and international agreements to which the parties have made regarding arbitration in this field is clear that in the same position with European countries. But in terms of recognition and enforcement of arbitral Turkey lags behind in these countries. The long trials and an unnecessary and broad interpretation of contradiction to public order Turkey's recognition and enforcement of arbitral ICC has negative impacts.
According to the ICC Arbitration rules, the decisions of the arbitrators are submitted to the ICC International Arbitration Court before they are signed. This court can make changes in form without examining the decision essentially. Decisions approved in terms of form are given to the Secretariat and the Secretariat notifies the signed decision to the parties.
Against the ICC arbitral awards, an application is made within 30 days for correction of material errors or interpretation of the decision. This application is made to the Secretariat. The application is forwarded to the arbitral tribunal. The arbitral tribunal gives the other party a deadline for not more than 30 days to express its opinion on the matter. If the arbitral tribunal decides to correct the material errors in the decision or to announce the decision, it sends the draft decision to the International Court of Arbitration of the ICC. This decision is written as an annex to the main decision.
In Turkish law, the execution of national arbitral awards is regulated in the IAA and CCP, and it is sufficient to be duly finalized for the implementation of these decisions. The requirement is for the recognition and enforcement of foreign arbitral rules applicable in Turkey.
In Turkish law, the recognition and enforcement of foreign arbitral awards is regulated by IPLA. However, enforcement of arbitral awards in Turkey that signed the New York Convention shall implement to this contract. Nevertheless, there is no regulation in the New York Convention regarding the procedure in enforcement cases.
Considering the recognition and enforcement conditions regulated in the New York Convention;
is required. IPLA md. 62 was created in parallel with these conditions.
In Turkish law, violation of public order is widely interpreted in the arbitration rules. This shows the worst of Turkey against foreign countries. The Court of Cassation's "Keban Dam Decision" is a decision that refuses the enforcement of the arbitral award due to public order. This decision suggests that the particular rules of arbitration practice in Turkey by foreign countries behave incorrectly. Although the Court of Cassation later changed this view, it had a bad effect.
The parties are free to choose the law applicable by the arbitrators. However, in the event that the sentence "current Turkish law will be applied" in the arbitration agreements, the mentioned law is the substantive law. This issue is also a controversial issue for the Court of Casssation.
Which disputes will be arbitrated are included in various provisions of the IPLA, IAA and CCP. If the dispute subject to an arbitration decision is not suitable for arbitration in accordance with Turkish law, recognition and enforcement will not be made.
Partial enforcement of arbitral awards is also possible.
Although an appeal against arbitral awards is not accepted, a revocation is open against these decisions. Filing an action for annulment against the arbitrator's decision suspends the execution of the decision. Circumstances requiring the annulment of the decision are counted in article 15 of the IAA. Appeals against the decision made as a result of the annulment decision are open.
The recognition and enforcement of arbitral award lasts for a very long trial in Turkey. In this case, the debtor may stole self property before the case is concluded. In order to prevent this, a provisional seizure may be requested at the appeal stage.
Turkey recognition and enforcement of arbitration decisions that the Court of Cassation had given old judgments showed fail to foreign countries with its new decisions, it started to show that it supports the implementation of arbitration awards.