1. National arbitral awards
2. Non-national arbitral awards (hereinafter “foreign arbitral awards”).
National arbitral awards, are sub-divided into two types as follows:
(a) National Arbitral Awards given pursuant to International Arbitration Law, and
(b) National arbitral awards given pursuant to the Turkish Civil Procedure Code
No. 6100 (hereinafter TCPC)
National arbitral awards given under the TCPC and excluding any foreign
element, can be enforced without the need for an order of execution. But, for the
enforcement of foreign and national arbitral awards given under any International
Arbitration Law, a certificate or order of execution must be obtained.
2.2 Validity of Foreign Arbitration Agreement
In order for:
(a) foreign arbitral awards to be enforced in Turkey, or
(b) the defendant, depending on an arbitration agreement, to raise a valid arbitral
opposition
the arbitration agreement between the parties should be valid.
In the event of the defendant, against whom an action has been brought in a
Turkish court, raising an arbitral opposition, depending on the arbitration agreement
drawn up with the plaintiff, the court verify the validity of the arbitration agreement,
and if it is confirmed, Judge will dismiss the claim underground or existing an
arbitration agreement.
In a case filed in a Turkish court, if one of the parties asserts an arbitral opposition,
the validity of the arbitration agreement shall be assessed on the basis of the
arbitration legislation being valid in Turkey. In order to determine the validity of
the arbitration agreement the Turkish court will examine the following issues;
– Whether the counter party of a Turkish party is a foreigner or not, or
– Whether the chosen arbitration place is at one of the New York Convention
countries, or
– Whether Turkey was chosen as arbitration place or not where the counter party of
a Turkish entity or person is a foreigner.
Also, the requirements and corresponding provisions of law set out below will
apply:
1. If in an arbitration agreement, the counterparty to the Turkish party is a citizen of
a country, which is a party to the New York Convention and if the place of
arbitration is set as Turkey, then the validity of the arbitration agreement shall be
examined on the basis of Law number 3731, which recognizes the New York
Convention.
The Effect of the Arbitration Clause Incorporated in a Bill of Lading. . .
3
2. Non-national arbitral awards (hereinafter “foreign arbitral awards”).
National arbitral awards, are sub-divided into two types as follows:
(a) National Arbitral Awards given pursuant to International Arbitration Law, and
(b) National arbitral awards given pursuant to the Turkish Civil Procedure Code
No. 6100 (hereinafter TCPC)
National arbitral awards given under the TCPC and excluding any foreign
element, can be enforced without the need for an order of execution. But, for the
enforcement of foreign and national arbitral awards given under any International
Arbitration Law, a certificate or order of execution must be obtained.
2.2 Validity of Foreign Arbitration Agreement
In order for:
(a) foreign arbitral awards to be enforced in Turkey, or
(b) the defendant, depending on an arbitration agreement, to raise a valid arbitral
opposition
the arbitration agreement between the parties should be valid.
In the event of the defendant, against whom an action has been brought in a
Turkish court, raising an arbitral opposition, depending on the arbitration agreement
drawn up with the plaintiff, the court verify the validity of the arbitration agreement,
and if it is confirmed, Judge will dismiss the claim underground or existing an
arbitration agreement.
In a case filed in a Turkish court, if one of the parties asserts an arbitral opposition,
the validity of the arbitration agreement shall be assessed on the basis of the
arbitration legislation being valid in Turkey. In order to determine the validity of
the arbitration agreement the Turkish court will examine the following issues;
– Whether the counter party of a Turkish party is a foreigner or not, or
– Whether the chosen arbitration place is at one of the New York Convention
countries, or
– Whether Turkey was chosen as arbitration place or not where the counter party of
a Turkish entity or person is a foreigner.
Also, the requirements and corresponding provisions of law set out below will
apply:
1. If in an arbitration agreement, the counterparty to the Turkish party is a citizen of
a country, which is a party to the New York Convention and if the place of
arbitration is set as Turkey, then the validity of the arbitration agreement shall be
examined on the basis of Law number 3731, which recognizes the New York
Convention.
The Effect of the Arbitration Clause Incorporated in a Bill of Lading. . .
3