Can a Creditor Claim Enforcement of a Foreign Arbitral Award Against a Debtor in Turkey? What Are the Requirements for a Foreign Arbitral Award to Be Enforceable?
Yes, a creditor can claim enforcement of a foreign arbitral award against a debtor.
If none of the aforementioned conditions are in the case, then the court shall accept the enforcement request of the relevant arbitral award:
- Arbitration agreement has not been concluded or an arbitration clause has not been included in the articles of association,
- Arbitrator’s decision is contrary to public morals or public order,
- It is not possible to resolve the dispute, which is the subject of the arbitral award, by arbitration in accordance with Turkish laws,
- One of the parties has not been duly represented before the arbitrators and has not openly accepted the proceedings afterwards,
- The party against whom the enforcement of the arbitral award is requested has not been duly informed of the selection of the arbitrator or has been deprived of the opportunity to argue and defend,
- Arbitration agreement or clause is null and void according to the law to which it is governed by the parties, or, if there is no agreement on this matter, the law of the country where the arbitral award was made,
- Selection of the arbitrators or the procedure applied by the arbitrators are contrary to the agreement of the parties, or if there is no such agreement, the law of the country where the arbitral award was made,
- Arbitrator’s decision is about a matter that is not included in the arbitration agreement or its clause, or if it exceeds the limits of the contract or condition, about this part,
- Arbitral award has not been finalized or has not become enforceable or binding, or has been canceled by the competent authority of the place where it was given, in accordance with the provisions of the law of the country to which it is subject or given, or the procedure to which it is subject.
Contributor: Emre Aslan
Position/Title: SENIOR LAWYER
For more posts contributed by Emre Aslan and ANTROYA DEBT COLLECTION & LAW OFFICE, please click here.
The Q&A Global is a special column run by CJO Global, and serves as a knowledge-sharing platform to facilitate peer learning and networking, and to provide the international business community with a global landscape of this industry. This post is a contribution from Antroya Debt Collection & Law Office. Antroya, headquartered in Istanbul, Turkey, has been working in the field of debt recovery dating back to 2005. They work with the world’s leading financial services companies and groups, who have the global largest network in International Receivables, and they are a member of several world's leading debt recovery networks.