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ARTICLE · 11 JUNE 2024

Is A Finality Certificate Required For The Enforcement Of Foreign Arbitral Awards?

Ozdirekcan Dundar Senocak Ak Avukatlik Ortakligi
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In Turkey, there are numerous grey areas concerning the enforcement of foreign arbitral awards, especially given the lack of consensus in both the doctrine and judicial decisions.

TurkeyLitigation, Mediation & Arbitration
Ali Osman Ak
Ali Osman Ak
Cagla Deniz Kaleli
Cagla Deniz Kaleli

In Turkey, there are numerous grey areas concerning the enforcement of foreign arbitral awards, especially given the lack of consensus in both the doctrine and judicial decisions. One of the ambiguities that parties encounter in practice is whether a finality certificate, demonstrating that an arbitral award is final, is necessary for the enforcement of a foreign arbitral award in Turkey. This article examines whether such a finality certificate is essential when enforcing foreign arbitral awards by considering the practices of the Court of Cassation and the doctrinal views.

Pursuant to Article 50 of International Private and Procedural Law No 5718 (the "IPPL"), for an arbitral award rendered in a foreign country to be enforceable in Turkey, an enforcement lawsuit must be filed and the award must be enforced by a competent court. The conditions for accepting an enforcement lawsuit and the enforceability of a foreign arbitral award in Turkey are set out in the IPPL

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