Abstract:
In disputes involving a foreign element, the enforceability of
an arbitration clause under Turkish law hinges on a limited set of
requirements rigorously applied by Turkish courts. This article
consolidates the key statutory elements under the Turkish
International Arbitration Law (Law No. 4686, the “MTK”)
and the Turkish Code of Civil Procedure (the “HMK”),
and explains how recent Turkish case law addresses (i) the written
form requirement, (ii) clear and unequivocal consent to arbitrate,
(iii) arbitrability, (iv) the interaction between arbitration and
court proceedings, and (v) interim measures in support of
arbitration.
1. Determining the “Foreign Element” and the
Applicable Legal Regime
