Recognition & Enforcement of the Arbitral Awards
The procedure for the enforcement of arbitral awards in Türkiye differs depending on whether if it is a foreign or a domestic arbitral award. While the International Private and Civil Procedure Law (the “IPL”) is applicable to the recognition and enforcement of foreign arbitral awards, enforcement of domestic arbitration awards is subject to the Turkish Code of Civil Procedure (the “TCCP”).
Turkey is also a signatory to the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards since 12 February 1992. The following reservation was made by Türkiye: “In accordance with the Article I, paragraph 3 of the Convention, the Republic of Turkey declares that it will apply the Convention on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another contracting State. It further declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.”
Therefore, while the recognition and enforcement of the arbitral awards rendered in the countries which are signatory to the New York Convention is subject to the rules under the New York Convention, recognition and enforcement of the other foreign arbitral awards is subject to rules under the IPL.
In terms of enforcement of domestic arbitral awards, it is noteworthy that as per Article 493/4 of the TCCP, domestic arbitral awards become enforceable from the moment that they are rendered. These awards can be enforced same as the enforcement of domestic court decisions.
Özcan Legal successfully represents its clients in the recognition and enforcement proceedings of the foreign arbitral awards and execution of the domestic arbitral awards in Türkiye. Besides, Özcan Legal has a wide network with several foreign law firms to assist its clients for the recognition and enforcement of the arbitral awards in the jurisdictions other than Türkiye.
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