Can One Arbitrate With A Turkish Party Based On A Contract In A Language Other Than Turkish?

Although parties to international transactions frequently agree to arbitrate, they sometimes reconsider that commitment when a dispute arises, and look to challenge the validity of the arbitration agreement. Thanks to the separability presumption, the courts and the tribunals insulate the arbitration agreements from attacks on the underlying contract and uphold arbitration. However, the separability presumption sometimes backfires; particularly if one is attempting to arbitrate with a Turkish party based on a contract in a language other than Turkish.

Law No. 805 on Compulsory Use of Turkish in Economic Enterprises ("Law No. 805")

Old-fashioned mandatory legislation under Turkish law opens a door for those who want to renounce their earlier decision to arbitrate, provided however that one of the parties is Turkish and that the contract was made in Turkey, but not drafted in Turkish.