{"id":659,"date":"2024-02-03T08:20:18","date_gmt":"2024-02-03T08:20:18","guid":{"rendered":"https:\/\/www.bayraklaw.com\/?post_type=portfolio&p=659"},"modified":"2024-03-22T08:34:16","modified_gmt":"2024-03-22T08:34:16","slug":"yabanci-hakem-kararlarinin-taninmasi-ve-tenfizi","status":"publish","type":"portfolio","link":"https:\/\/www.bayraklaw.com\/en\/bultenler\/yabanci-hakem-kararlarinin-taninmasi-ve-tenfizi\/","title":{"rendered":"Recognition and Enforcement of Foreign Arbitral Awards"},"content":{"rendered":"
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  1. Recognition and enforcement agencies<\/strong><\/span><\/li>\n<\/ol>\n

    As an extension of the authority of the sovereignty of states within the borders of their own country, not only The Binding of a given sentence. Limited to a sentence outside that range described below subject to the recognition and enforcement must be subject to judicial review by.<\/span><\/p>\n

    Recognition of a foreign court judgment on the extension force of a foreign country in a foreign country is the acceptance. However, the decision rendered by a foreign court; the provision of something, anything to be done in the nature of an EDA is the decision of whether or not, in other words, possessing ability, executive decision, the only decision this recognition will not provide the satisfaction of the plaintiff. The execution of the decision issued by the foreign court must be to be having the ability to eda enforcement. Turkey is a party both on recognition and enforcement of foreign arbitral awards of 10 June 1958 on the recognition and enforcement of New York Convention (the\u2018convention\u2019) was concluded. The contract (i) of the arbitration agreement and (II) relevant to the recognition and enforcement of foreign arbitral awards has made Editing. This part specifies the requirements of the contract.<\/span><\/p>\n

    When you submit approval of the agreement due to the reservations of the Republic of Turkey, the contract only on the basis of reciprocity in the territory of a state which is a party to the convention on the recognition and enforcement of arbitral awards that have been granted will be applied: also considered to be commercial in nature alone, according to the contract disputes about its internal law will be applied. Currently, the world is approximately 83%, which corresponds to 172 state is a party to the convention.<\/span><\/p>\n

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    1. The Reasons Under the New York Convention 1958 for Refusal of Recognition and Enforcement of Arbitral Awar<\/strong>d<\/strong>s<\/strong><\/span><\/li>\n<\/ol>\n

      The Convention grants national courts the authority to deny an application for the recognition and enforcement of arbitral awards. It is important to emphasize that both the 1958 New York Convention and the International Private and Procedural Law Act No. 5718 stipulate that courts should not examine the merits of the case in proceedings related to the recognition and enforcement of foreign arbitral awards. Despite this, the limited discretion provided by the Convention has led to varying interpretations and applications. Similarly, in decisions of the Court of Cassation, it is stated that the enforcement court cannot examine issues related to the merits of the arbitral award in parallel with the relevant provisions. In this context, Article V (1) and (2) of the Convention is of great significance as it outlines the grounds on which national courts may refuse recognition or enforcement. These grounds include the following:<\/span><\/p>\n