The Recognition And Enforcement Of Foreign Arbitral Awards In Turkey Series No.2

The Role of Setting-Aside or Annulment Procedures as per Article V (1) e and Article VI of New York Convention

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10th June 1958 (NYC) has a wide scope of application in Turkey. Being a part of the NYC since 30th September 1992, a considerable amount of Turkish case-law has emerged on the implementation of NYC.

As it is widely known, the refusal grounds of a request for the recognition or enforcement of a foreign arbitral award are regulated under article V of NYC. According to article V(1) e, if “the [arbitral] award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made”, then the court where the recognition and enforcement is sought may refuse the request. However, the party against whom the arbitral award is invoked shall furnish to the competent court the