TÜRKIYE Law and Practice Contributed by: Faruk Aktay and Ayşe Müge Aktay, Aktay Law Firm
without regard to the will of the parties, admin- istrative disputes, state sovereign powers and actions taken by using public power, and crimi- nal law. 13.3 Circumstances to Challenge an Arbitral Award In Türkiye, arbitration awards can be challenged under certain circumstances. These are: • if the arbitration agreement is invalid, unlawful and involuntary; • if the arbitral tribunal has exceeded its juris- diction; • if it constitutes a breach of public order and violates procedural rules; and • if its decision raises doubts about its impar- tiality. In these circumstances the parties may apply for the annulment of the arbitration award. Appeals will usually be heard by the civil courts of first instance. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration The enforcement procedure of domestic and for- eign arbitration awards in Türkiye is regulated by the Arbitration Law, Law No 4686 and the international arbitration law. Arbitration awards are final and binding. The court considers the arbitration application according to whether the arbitration agreement is valid or not and whether the award is contrary to public order or not. If the court finds the award enforceable, it issues an enforcement order. For the enforcement of
foreign arbitration awards, the court examines whether the award is final and binding, whether it is valid according to the law governing the par- ties or, if there is no such determination, accord- ing to Turkish law, and whether it is contrary to public order. If the conditions are met, the court recognises and enforces the award. 14. Outlook 14.1 Proposals for Dispute Resolution Reform In Türkiye, there are reform proposals regard- ing disputes to speed up court processes and encourage the use of ADR. 14.2 Growth Areas The main areas of growth for commercial dis- putes are international commerce; intellectual property; contracts; construction infrastructure; finance; consumer; and e-commerce. Interna- tional trade is increasing with the globalising world. As there are different jurisdictions between com- panies, they need international arbitration and dispute resolution. With technological develop- ments, it has become difficult to protect intel- lectual property rights. In this case, issues with intellectual property agreements such as copy- right and patent agreements arise. In terms of international contracts, disputes arise regarding the interpretation or performance of the contract. Because of these situations, there is potential for arbitration and mediation.
1424 CHAMBERS.COM
Powered by FlippingBook