Wagner-Arbitration

Enforcing arbitral awards in Turkey

Doguhan Uygun is a Turkish qualified lawyer. He studied law in Ankara and Istanbul and is currently an LL.M. candidate in International Dispute Resolution at Humboldt University of Berlin. He has previously worked as an associate for one of the largest law firms in Turkey, gaining experience both in their dispute resolution practice as well as in mergers & acquisitions. By preparing the answers to the Q&A below, Doguhan was kind enough to provide us with a concise and useful overview on Enforcement of Arbitral Awards in Turkey.

INTRODUCTION

The use of arbitration is on the rise in Turkey, especially in respect of international commercial disputes. Turkish state entities and Turkish companies have been involved in massive investment and business projects both in Turkey and elsewhere in the region during recent decades, which is why the role of arbitration has increased dramatically. This is confirmed by figures of the International Court of Arbitration of the International Chamber of Commerce (ICC), which has recently announced that a record number of new cases has been filed from Turkey in 2016.

The establishment of the Istanbul Arbitration Centre (ISTAC) will also have positive consequences in this regard by encouraging parties to arbitrate in Istanbul. This applies not only to Turkish parties but also to companies from the neighbouring regions such as the Middle East, Eastern Europe and Caucasus.

In the past years however, several difficulties have arisen in Turkey when it comes to the recognition and enforcement of foreign arbitral awards, which will be addressed in the further course of this Questionnaire. However, in light of recent developments and the notable efforts of Turkey to catch up with international arbitration standards, it is evident that the Turkish judiciary will continue to progress in becoming more arbitration friendly.

LEGAL FRAMEWORK

JURISDICTION, PROCEDURE BEFORE COURT

SUBSTANTIAL REQUIREMENTS FOR THE ENFORCEMENT OF FOREIGN AWARDS

SUBSTANTIAL REQUIREMENTS FOR THE ENFORCEMENT OF DOMESTIC AWARDS

EFFECTS, REMEDIES & PROCEDURAL REQUESTS

THE ENFORCEMENT ITSELF

MISCELLANEOUS

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About Wagner Arbitration

The law firm WAGNER Arbitration has its offices in Berlin and specializes in dispute resolution with a focus on arbitration. In addition, the firm offers comprehensive counseling services related to domestic and international business disputes and transactions.

Disclaimer

This Journal and its contents serve informational purposes only and do not replace individual legal advice. Please contact us, should you have any inquiries or comments.

The answers provided in this questionnaire are as of April 2017. Please note that the relevant legal provisions may be subject to amendments.