HOW EFFICIENT IS THE ENFORCEMENT OF ARBITRATION DECISIONS (AWARDS) IN TURKEY ?

The answer to this questons depends on the place of arbitation.

An arbitral award rendered outside the country where enforcement is sought qualifies as a foreign arbitral award. Conversely, an arbitral award with its seat of arbitration in Istanbul is considered a Turkish arbitral award under Articles 407 et seq. of the Turkish Code of Civil Procedure No. 6100 and the International Arbitration Act No. 4686. Accordingly, the decisive criterion for determining whether an arbitral award is foreign is the seat of arbitration.

Thus, a local award can be enforced immediately in Turkey, pursuant to a certificate confirming the enforceability of the arbitral award.

However, for foreign awards, procedure is generally longer than in France per example.

Articles 60 to 63 of the Turkish Act No. 5718 on Private International Law and Procedural Law regulate the enforcement of foreign arbitral awards. Under this framework, the conditions for enforcement of foreign arbitral awards that have become final, have acquired enforceability, or are binding upon the parties are structured in parallel with the New York Convention.

Article 60(1) of the Act provides that “foreign arbitral awards which have become final and enforceable, or which are binding upon the parties, may be enforced.” Pursuant to Article 61 of the same Act and Article IV of the New York Convention, the party seeking enforcement of a foreign arbitral award must submit, together with its application, either the original arbitration agreement or arbitration clause, or a duly certified copy thereof; the original arbitral award, or a duly certified copy showing that it has become final and enforceable or binding upon the parties; as well as duly certified translations of these documents.