Recognition And Enforcement Of Foreign Arbitration Awards In Turkey: Key Challenges And Solutions

The recognition and enforcement of foreign arbitration awards in Turkey are governed by both domestic legislation and international treaties. As international commercial transactions continue to grow, arbitration has become a preferred method of dispute resolution due to its efficiency, flexibility, and global enforceability. However, for a foreign arbitration award to have legal effect in Turkey, it must go through a recognition and enforcement process, which is not always straightforward.

One of the most significant challenges in the enforcement process is the concept of "public policy". This principle allows Turkish courts to deny the enforcement of foreign arbitration awards that are deemed contrary to the fundamental values of Turkish law. However, its broad and sometimes inconsistent application by lower courts can lead to substantial delays and uncertainty in the enforcement process, a point that will be critically analyzed in the following sections.