According to this Law:
i. The arbitration agreement shall be in writing. The term “agreement in writing” shall include an arbitral clause in a contract or an arbitration agreement,
signed by the parties or contained in an exchange of letters or telegrams.
(New York Convention Art. II-1,2
2 )
ii. The parties to the arbitration agreement must have legal capacity. [New York
Convention Art. V-1(a)
3 ]
iii. The arbitration agreement shall be valid under the law to which the parties
have subjected the agreement. In the case where the parties have not subjected
the agreement to any applicable law, the validity examination shall be
made under the law where the arbitral award is made. [New York Convention
Art. V-1(a)
4 ]
2. If in an arbitration agreement, the counterparty to the Turkish contractor, is a
citizen of a country which is not a party to the New York Convention and the
place of arbitration is set as Turkey, then the validity of the arbitration agreement
shall be examined according to the Act on Private International and Procedural
Law (hereinafter APIPL).
According to this provision:
i. The arbitration agreement shall be in writing,
ii. The arbitral award shall not be contrary to public law or public order,
iii. It shall be possible to settle the dispute subject to the arbitral award by way of
arbitration under Turkish law,
iv. The arbitration agreement or clause shall be valid 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. (APIPL Art. 62
5 ).
2 New York Convention Art. II
1. Each Contracting State shall recognize an agreement in writing under which the parties
undertake to submit to arbitration all or any differences which have arisen or which may
arise between them in respect of a defined legal relationship, whether contractual or not,
concerning a subject matter capable of settlement by arbitration.
2. The term “agreement in writing” shall include an arbitral clause in a contract or an
arbitration agreement, signed by the parties or contained in an exchange of letters or
telegrams.
3 New York Convention Art. V-1(a)
The parties to the agreement referred to in article II were, under the law applicable to them,
under some incapacity.
4 New York Convention Art. V-1(a)
. . . or the said agreement is not valid under the law to which the parties have subjected it or,
failing any indication thereon, under the law of the country where the award was made. . .
5 APIPL Art. 62
The court shall dismiss the enforcement request of a foreign arbitral award, if,
4
P. Akan
i. The arbitration agreement shall be in writing. The term “agreement in writing” shall include an arbitral clause in a contract or an arbitration agreement,
signed by the parties or contained in an exchange of letters or telegrams.
(New York Convention Art. II-1,2
2 )
ii. The parties to the arbitration agreement must have legal capacity. [New York
Convention Art. V-1(a)
3 ]
iii. The arbitration agreement shall be valid under the law to which the parties
have subjected the agreement. In the case where the parties have not subjected
the agreement to any applicable law, the validity examination shall be
made under the law where the arbitral award is made. [New York Convention
Art. V-1(a)
4 ]
2. If in an arbitration agreement, the counterparty to the Turkish contractor, is a
citizen of a country which is not a party to the New York Convention and the
place of arbitration is set as Turkey, then the validity of the arbitration agreement
shall be examined according to the Act on Private International and Procedural
Law (hereinafter APIPL).
According to this provision:
i. The arbitration agreement shall be in writing,
ii. The arbitral award shall not be contrary to public law or public order,
iii. It shall be possible to settle the dispute subject to the arbitral award by way of
arbitration under Turkish law,
iv. The arbitration agreement or clause shall be valid 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. (APIPL Art. 62
5 ).
2 New York Convention Art. II
1. Each Contracting State shall recognize an agreement in writing under which the parties
undertake to submit to arbitration all or any differences which have arisen or which may
arise between them in respect of a defined legal relationship, whether contractual or not,
concerning a subject matter capable of settlement by arbitration.
2. The term “agreement in writing” shall include an arbitral clause in a contract or an
arbitration agreement, signed by the parties or contained in an exchange of letters or
telegrams.
3 New York Convention Art. V-1(a)
The parties to the agreement referred to in article II were, under the law applicable to them,
under some incapacity.
4 New York Convention Art. V-1(a)
. . . or the said agreement is not valid under the law to which the parties have subjected it or,
failing any indication thereon, under the law of the country where the award was made. . .
5 APIPL Art. 62
The court shall dismiss the enforcement request of a foreign arbitral award, if,
4
P. Akan