Recognition and enforcement of foreign arbitral awards in Turkey become a cornerstone of global dispute resolution. Indeed Turkey has been at the centre of global commercial relations and disputes.
Introduction
It is beyond doubt that in an era of expanding cross-border trade and international investment, arbitration has become a cornerstone of global dispute resolution. What is more, the recognition and enforcement of international arbitration awards in Turkey [yabancı hakem kararlarının tanınması ve tenfizi] has been a matter of concern for every single jurisdiction. Luckily that is not the case for Turkey. Indeed, Turkey has a robust regulatory framework for the recognition and enforcement of foreign arbitral awards. Besides, the practice of the judicial authorities is very compatible with the existing legislation. The present article will highlight the key points about a recent judgment by the Ankara Commercial Court in the field. In this way, the present work examines the legal implications of the ruling, which confirmed the recognition and enforcement of a foreign arbitral award issued by the Dubai International Arbitration Centre (DIAC).
General Overview of the Recognition and Enforcement of Recognition and Enforcement of Foreign Arbitral Awards in Turkey
Under Article 60 of the Law on International Private and Procedural Law Numbered 5718
Enforcement of Foreign Arbitral Awards, foreign arbitral awards that have become final and enforceable, or that are binding upon the parties, may be enforced.
Pre-Conditions for the Recognition and Enforcement of Foreign Arbitral Awards in Turkey
cording to Article 61, the party requesting the enforcement of a foreign arbitral award shall attach to its petition the following documents, together with copies equal in number to the opposing parties:
- The original arbitration agreement or arbitration clause, or a duly certified copy thereof.
- The original arbitral award that has duly become final and enforceable or has acquired binding effect upon the parties, or a duly certified copy thereof.
- Duly certified translations of the documents specified in subparagraphs (a) and (b).
Recent Judgment on the Recognition and Enforcement of Foreign Arbitral Awards in Turkey
A recent decision rendered by a Commercial Court of First Instance [Ankara Asliye Ticaret Mahkemesi] in Ankara highlights Turkey’s commitment to international arbitration and its alignment with global enforcement standards.
Factual Background of the Dispute
The case concerns an application filed by a foreign company seeking the recognition and enforcement of an arbitral award against a Turkish entity. It is helpful to consider that the arbitral award had been rendered by the Dubai International Arbitration Centre in connection with a commercial dispute arising from contractual obligations.
Pi Legal Consultancy, on behalf of the claimant, requested from the Court
- immediate judgment on the recognition and enforcement of the foreign arbitral award in Türkiye,
- or at least the implementation of interim measures to secure its receivables including asset freezing decision.
The dispute was adjudicated before a Commercial Court of First Instance in Ankara within the framework of Turkish private international law.
Legal Framework
The Court, after having examined both sides arguements, delivered its judgment on the recognition of the arbitral award on the grounds of both domestic and international legal instruments, including:
- The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)
- The Turkish International Private and Procedural Law (Law No. 5718)
- The Turkish Code of Civil Procedure
- European Convention on Human Rights (Article 6)
According to the Court, foreign arbitral awards can be recognized and enforced in Türkiye provided that procedural and substantive requirements are satisfied. The concerned foreign arbitral award rendered by the Dubai International Arbitration Centre was recognized and enforced in Türkiye. It means that The decision confirmed that the arbitral award met all enforceability requirements under Turkish law and international conventions.
The Significance of the Said Judgment
The said ruling underscores Türkiye’s alignment with international arbitration practices and its commitment to enforcing foreign arbitral awards in accordance with the New York Convention. It should be added taht the judgment strengthens confidence among foreign investors and international businesses engaging in commercial activities involving Turkish parties. Last but not least, the decision highlights the Turkish judiciary’s role in facilitating cross-border commerce by ensuring that arbitration awards are respected and enforced efficiently.
Implications for International Businesses
This ruling provides valuable guidance for companies involved in international arbitration:
Foreign arbitral awards are enforceable in Türkiye under a well-established legal framework.
Turkish courts maintain a pro-enforcement approach consistent with global standards.
Time Efficiency
Actions for the recognition and enforcement of foreign arbitral awards in Turkish law are generally subject to a simplified procedure known as the ‘summary proceedings.’ Unlike lengthy and complex litigation processes, this procedure allows the case to be conducted primarily on the basis of written submissions. In such cases, protracted trials with consecutive hearings are uncommon; instead, courts can typically render a decision within approximately one year. As unnecessary procedural formalities are avoided, the duration of the proceedings is significantly reduced. Consequently, this approach provides parties with advantages in terms of both time and cost, while making the legal process more accessible and comprehensible.
Conclusion
In the final analysis, it should be emphasized that the practice of the judicial authorities should be carefully analyzed for exequatur proceedings. The Ankara Commercial Court’s decision serves as a compelling example of Türkiye’s arbitration-friendly legal environment. By recognizing and enforcing a DIAC arbitral award, the Court reaffirmed its commitment to international legal norms, procedural fairness, and the protection of commercial rights.
This judgment not only enhances legal predictability but also strengthens Türkiye’s position as a reliable jurisdiction for the enforcement of foreign arbitral awards.
