3. If in an arbitration agreement, the counterparty to the Turkish party to the contract
is a citizen of a country that is a contracting or non-contracting 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 depending on the IAL.
According to this provision:
i. The arbitration agreement shall be in writing. An agreement is in writing if it is
contained in a document signed by the parties or in an exchange of letters,
telex, telegrams or other means of telecommunication, which provide a record
of the agreement. The arbitration agreement is deemed to exist if one party in
the statement of claim alleges it and the other in the statement of defence does
not deny it. The reference in a contract to a document containing an arbitration
clause constitutes an arbitration agreement provided that the reference is such
as to make that clause part of the contract (IAL Art. 4/2
6 ).
ii. The arbitration agreement shall be valid under the law agreed by the parties, in
the absence of such agreement shall be valid under Turkish Law (IAL Art.
4/3
7 ).
In an action which includes a request for enforcement or arbitral opposition
brought in a Turkish court, the validity of the arbitration agreement, as stated
above, shall be examined according to whether or not the parties to the contract
are parties to the New York Convention and the place of arbitration is Turkey.
a) An arbitration agreement is not executed or arbitration clause does not exist in the main
agreement,
b) The arbitral award is contrary to public morality or public order,
c) It is not possible to settle the dispute subject to the arbitral award by way of arbitration
under Turkish law,
. . .
d) 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,
. . .
6 IAL Art. 4/2
The arbitration agreement shall be in writing. An agreement is in writing if it is contained in a
document signed by the parties or in an exchange of letters, telex, telegrams or other means
of telecommunication which provide a record of the agreement, or in an exchange of
statements of claim and defence in which the existence of an agreement is alleged by one
party and not denied by another. The reference in a contract to a document containing an
arbitration clause constitutes an arbitration agreement provided that the reference is such as
to make that clause part of the contract. (Also for detailed information, Kalpsuz, Türkiye’de
Milletlerarası Tahkim, 2007)
7 IAL Art. 4/3
The validity of the arbitration agreement is subject to the law agreed by the parties, failing
such agreement shall be valid under Turkish Law.
The Effect of the Arbitration Clause Incorporated in a Bill of Lading. . .
5
is a citizen of a country that is a contracting or non-contracting 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 depending on the IAL.
According to this provision:
i. The arbitration agreement shall be in writing. An agreement is in writing if it is
contained in a document signed by the parties or in an exchange of letters,
telex, telegrams or other means of telecommunication, which provide a record
of the agreement. The arbitration agreement is deemed to exist if one party in
the statement of claim alleges it and the other in the statement of defence does
not deny it. The reference in a contract to a document containing an arbitration
clause constitutes an arbitration agreement provided that the reference is such
as to make that clause part of the contract (IAL Art. 4/2
6 ).
ii. The arbitration agreement shall be valid under the law agreed by the parties, in
the absence of such agreement shall be valid under Turkish Law (IAL Art.
4/3
7 ).
In an action which includes a request for enforcement or arbitral opposition
brought in a Turkish court, the validity of the arbitration agreement, as stated
above, shall be examined according to whether or not the parties to the contract
are parties to the New York Convention and the place of arbitration is Turkey.
a) An arbitration agreement is not executed or arbitration clause does not exist in the main
agreement,
b) The arbitral award is contrary to public morality or public order,
c) It is not possible to settle the dispute subject to the arbitral award by way of arbitration
under Turkish law,
. . .
d) 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,
. . .
6 IAL Art. 4/2
The arbitration agreement shall be in writing. An agreement is in writing if it is contained in a
document signed by the parties or in an exchange of letters, telex, telegrams or other means
of telecommunication which provide a record of the agreement, or in an exchange of
statements of claim and defence in which the existence of an agreement is alleged by one
party and not denied by another. The reference in a contract to a document containing an
arbitration clause constitutes an arbitration agreement provided that the reference is such as
to make that clause part of the contract. (Also for detailed information, Kalpsuz, Türkiye’de
Milletlerarası Tahkim, 2007)
7 IAL Art. 4/3
The validity of the arbitration agreement is subject to the law agreed by the parties, failing
such agreement shall be valid under Turkish Law.
The Effect of the Arbitration Clause Incorporated in a Bill of Lading. . .
5