‘Stand-Alone’ Dispositive Sections Of Arbitral Awards For Enforcement In Turkey

According to Article 297(2) of the Turkish Code of Civil Procedure;

"The ruling on each of the claims and the rights granted and obligations imposed on the parties shall be stated in the dispositive section of the [court] decision in a sequence and clearly in a way to prevent any doubts or hesitation without repeating any statements included in the legal reasoning."

In short, dispositive sections of court decisions should be 'stand-alone'.

The Turkish Court of Appeals has ruled in various decisions that the above provision of the Turkish Code of Civil Procedure is mandatory and, thus, dispositive sections that are not stand-alone and giving rise to hesitation are in breach of the law.