SSS · Dispute Resolution

What conditions are required for the enforcement of an arbitral award?

Enforcement of a foreign arbitral award in Türkiye runs under the 1958 New York Convention, to which Türkiye is a party; where a case falls outside the Convention, the provisions of the Act…

Updated · July 20261 min readCategory · Dispute Resolution
Short answer

Enforcement of a foreign arbitral award in Türkiye runs under the 1958 New York Convention, to which Türkiye is a party; where a case falls outside the Convention, the provisions of the Act on Private International and Procedural Law (MÖHUK, No. 5718) apply instead.The basic conditions are a valid arbitration agreement in writing, respect for the parties’ r…

Enforcement of a foreign arbitral award in Türkiye runs under the 1958 New York Convention, to which Türkiye is a party; where a case falls outside the Convention, the provisions of the Act on Private International and Procedural Law (MÖHUK, No. 5718) apply instead.

The basic conditions are a valid arbitration agreement in writing, respect for the parties’ rights of defence and to equal treatment, an award that has become binding, and content that does not offend Turkish public policy. Two features make this narrower than it sounds: the enforcement court does not re-open the merits of the award, reviewing only those limited conditions — and the grounds for refusal are listed in the Convention, read narrowly, with the burden of proof resting for the most part on the party resisting enforcement. We assess where your file is strong and where it is weak against those conditions before it is filed.

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