Arbitration Law

An arbitration agreement is not a standard sentence to be used after a dispute has arisen. The intention to arbitrate must be clear, it must be determined which disputes arising from which legal relationship will be taken to arbitration, and the chosen mechanism must be workable in practice. An allegation that the main contract is invalid does not in every case automatically decide the fate of the arbitration clause; the separability (independence) of the arbitration agreement from the main contract is assessed separately.

Depending on the nature of the file, an arbitration clause regulates the following points:

• The choice between institutional and ad hoc arbitration
• The institution that will administer the arbitration and the applicable rules
• The seat of arbitration and the procedural law linked to it
• The physical or online venue of the hearings
• A sole arbitrator or a tribunal of three arbitrators
• The method of appointing arbitrators and the required qualifications
• The language of arbitration and translation of documents
• The substantive law applicable to the contract
• Preliminary stages such as negotiation, mediation, a dispute board or expert determination
• Emergency arbitrator, expedited or fast-track procedure
• Consolidation and joinder provisions in multi-contract and multi-party projects
• Confidentiality, trade secrets, data security and publication of the award
• Addresses for service and the method of electronic notification
• Costs, security for costs and disclosure of third-party funding

The seat of arbitration may differ from the place where the hearing is actually held. The seat affects the mandatory rules applicable to the arbitration proceedings, court assistance and the country in which the action to set aside is brought. The law applicable to the contract and the law applicable to the arbitration agreement may also not be the same in every case. For this reason, a short arbitration clause that names only an institution may not provide sufficient protection in complex or international contracts.

A clause suited to the contract instead of a template provision: An institution’s model arbitration clause can be a starting point; the language, the seat of arbitration and the choice of substantive law should not be left blank or contradictory. A provision in an existing contract cannot be changed unilaterally, without the consent of the other party and the required formalities.

Legal basis: HMK Art. 412; MTK Art. 4.

In institutional arbitration, the process is administered under the rules in force and the administrative structure of the arbitral institution chosen by the parties. The institution performs the administration of the application, the appointment of arbitrators, challenges, advances on costs and the other tasks provided for in its rules; the merits of the dispute are decided by the arbitrator or the arbitral tribunal.

The main arbitration structures our firm assesses on a file-by-file basis:

• Arbitration under the Istanbul Arbitration Centre (ISTAC)
• Arbitration under the International Chamber of Commerce (ICC)
• Rules of the London Court of International Arbitration (LCIA)
• Rules of other national or international arbitral institutions
• Ad hoc arbitration based on the UNCITRAL Arbitration Rules or rules created by the parties

UNCITRAL is not an arbitration center. The UNCITRAL Arbitration Rules are procedural rules that can be used in ad hoc arbitrations, which the parties may conduct without choosing an institutional center or with only administrative support from an institution. In choosing between institutional and ad hoc arbitration, the value of the dispute, the number of parties and contracts, the mechanism for appointing arbitrators, the need for emergency protection, costs, the timetable, the award scrutiny system and how possible deadlocks will be resolved are assessed together.

Legal basis: The rules of the chosen institution; the UNCITRAL Arbitration Rules.

In disputes that do not involve a foreign element and in which the seat of arbitration is Türkiye, the provisions on arbitration of the Code of Civil Procedure (Law No. 6100, HMK) may apply, depending on their scope. The arbitration agreement, the selection of arbitrators, interim protection, the arbitral procedure, the award, correction and the action to set aside are assessed within this framework.

Our work in national arbitration:

• Arbitrability and validity of the arbitration agreement
• The initial arbitration plea in a case filed in court
• Appointment and challenge of arbitrators
• Interim legal protection and court assistance
• Representation of the claimant or respondent in the arbitration proceedings
• Correction, interpretation or completion of the award
• The action to set aside the arbitral award
• Enforceability of the award and compulsory execution proceedings

Express limit of scope: Under HMK Art. 408, disputes arising from real rights in immovable property or from matters that are not subject to the will of the parties are not arbitrable. A contractual monetary claim connected with an immovable and a claim based on a real right must be kept separate.

Legal basis: HMK Arts. 407–444.

In disputes that involve a foreign element and in which the seat of arbitration is determined to be Türkiye, or in which the parties have chosen the relevant provisions of the law, Law No. 4686 on International Arbitration (MTK) may come into play. Even where the seat of arbitration is outside Türkiye, certain provisions on requesting an arbitration plea or interim protection from Turkish courts may apply.

In an international arbitration file, the following layers of law are distinguished:

• The law applicable to the arbitration agreement
• The law applicable to the main contract and the merits of the dispute
• The law applicable to the seat of arbitration and the arbitral procedure
• Institutional or ad hoc arbitration rules
• Rules on evidence and professional privilege
• The law of the country where the award will be recognized or enforced
• Applicable international conventions

The seat of arbitration, the institution, the place of the hearing and the applicable law need not be in the same country. These concepts must be clearly separated in the contract and in the arbitration process.

The foreign element is not only a matter of nationality. Under MTK Art. 2, connections such as places of business, the place of performance, foreign capital or financing and the movement of goods and capital between countries are also assessed. The file of two Turkish companies may be international in nature if the conditions are met.

Legal basis: MTK Arts. 1–2, 5–6 and the relevant international conventions.

Arbitration rules do not only set the time limits for pleadings. Matters such as the constitution of the arbitral tribunal, joinder of additional parties, consolidation, the emergency arbitrator, expedited or fast-track procedure, document production, the hearing, costs and the scrutiny of the award by the institution may vary according to the rules. It should also be separately reviewed whether an old or incorrect name of an institution was used in the arbitration clause, whether two different institutions or rules were written at the same time, or whether an invalid appointment method was provided for.

Our work in ISTAC, ICC, LCIA and other institutional arbitrations:

• Preparing the request for arbitration, the answer and the counterclaim
• Review of the institution’s scope of authority and the first administrative requirements
• Assessment of the registration fee, advance on costs and cost strategy
• Choice of expedited, fast-track or ordinary procedure
• Emergency arbitrator or application for an interim measure
• Suitability of arbitrator candidates to the dispute, the sector, the language and the legal system
• Terms of reference, case management conference and procedural timetable, to the extent the applicable rules require
• Joinder of additional parties and consolidation in multi-party or multi-contract files
• The hearing, the award and post-award steps

The version of the applicable rules, the date of entry into force of the rules and the parties’ reference to them in the contract should be checked separately. Because institutional tariffs and the thresholds for expedited procedure can change, no fixed figures are published on the main page.

ICC 2026 update: The rules that entered into force on June 1, 2026 should be taken into account, subject to separate review of any party agreement on the applicable version. Under the new regime, the terms of reference requirement in ordinary proceedings has been removed; early determination and, subject to the agreement of the parties, highly expedited arbitration have been provided for. Old template timetables should not be carried over directly into the file.

Legal basis: ICC 2026 Arbitration Rules; ISTAC Arbitration and Fast-Track Arbitration Rules; the rules of the other institution chosen.

In the request for arbitration, the parties and the arbitration agreement must be correctly identified, the legal and factual grounds of the claims explained, and the amount claimed, the currency, interest, the selection of arbitrators and the need for interim protection determined. For the respondent, it is important to keep jurisdiction, admissibility, the merits, set-off, counterclaim and cost defenses separate within the time limit.

The arbitrator or the arbitral tribunal may rule on its own jurisdiction, including the existence, validity and scope of the arbitration agreement. Even so, it matters at what stage, under which rule and on what ground a jurisdictional objection is raised. A party’s participation in the selection of arbitrators does not automatically remove every jurisdictional objection; however, objections that are not raised in time may be lost.

The main jurisdictional and admissibility issues:

• Written form and validity of the arbitration agreement
• Signature, representation and corporate authority
• Assignment of the arbitration clause, succession and the effect on group companies
• Whether the dispute falls within the material scope of the arbitration clause
• Arbitrability and public policy
• Preconditions in a multi-tiered dispute resolution clause
• Statute of limitations, preclusive periods and claims of premature application
• Court or other arbitration proceedings on the same dispute
• Joining persons or companies that are not parties to the arbitration process
• Examining jurisdiction as a preliminary issue or together with the merits

Legal basis: HMK Arts. 413 and 422; MTK Arts. 4–5 and 7/H; the applicable arbitration rules.

In selecting an arbitrator, not only legal knowledge but also the sector of the dispute, the applicable law, the language of arbitration, technical and financial matters, different legal cultures, availability, independence, impartiality and conflicts of interest are assessed together. Open-source research on an arbitrator candidate may be carried out lawfully; the limits of communication with a party or counsel are observed within the framework of the applicable ethical rules.

In this context:

• A strategy for a sole arbitrator or tribunal structure is developed.
• The résumés, expertise, language and suitability of arbitrator candidates for the role are reviewed.
• Declarations of independence and impartiality are assessed.
• Where there is an undisclosed relationship or a situation giving rise to justifiable doubt, the route of challenge is examined.
• Where an arbitrator does not accept the appointment, resigns or the appointment ends, a new appointment process is conducted.
• Where the parties cannot select an arbitrator or the appointment mechanism fails, the assistance of the institution or the competent court is assessed.

A challenge to an arbitrator cannot be based merely on the assumption that a party will be dissatisfied with the award. The ground for challenge, the date of becoming aware of it, the duty of disclosure, the objective standards of assessment and the applicable time limit must be examined together.

Legal basis: HMK Arts. 415–421; MTK Art. 7.

A project may have many parties, such as the employer, the main contractor, subcontractors, suppliers, financiers, insurers and guarantors. If the arbitration agreement covers only the signatories, or if the contracts contain incompatible arbitration clauses, it may not be possible to resolve all disputes in a single proceeding.

In such files:

• A map of the relationships between the parties and the contracts is drawn up.
• The institution, rules, seat, language and arbitrator structure of each arbitration clause are compared.
• The conditions for joinder of additional parties, consolidation of cases and hearing them together are reviewed.
• The risk of conflicting decisions in parallel arbitration or court proceedings is assessed.
• Claims based on group companies, succession, assignment and contracts for the benefit of third parties are examined.
• It is determined under which party or contract the claims and defenses will be raised.

A significant part of these problems can be prevented before a dispute arises, through compatible arbitration clauses and a coherent project contract architecture.

Legal basis: Arbitration agreements and the applicable institutional rules.

Before the arbitration proceedings conclude, the transfer of assets, the cashing of security, the loss of evidence, the drawing of a bank guarantee, a halt in the construction site or production, the disclosure of confidential information or a change in contractual status may cause consequences that are difficult to remedy. If the applicable rules permit, interim protection may be requested from an emergency arbitrator or the arbitral tribunal; and, within the framework of the law of the seat of arbitration and the relevant procedural provisions, from a state court.

In an interim protection strategy:

• Whether the measure to be requested can be granted by an arbitrator or a court
• Urgency, prima facie proof, security and proportionality
• The legal conditions for acting without notice to the other party
• The country in which the measure will be applied and its capacity to be enforced
• Starting the arbitration case within the time limit
• The relationship between an arbitral order and a court injunction
• The effect on third parties and registries
• Asset items such as letters of guarantee, shares, movables, receivables or bank accounts

are addressed together. It should not be assumed that an emergency arbitrator’s decision or a tribunal’s measure will be applied in the same way in every country.

Effect on third parties and execution bodies: MTK Art. 6 sets a limit on the interim orders of arbitrators that bind third parties or must be carried out by compulsory execution bodies and other official authorities. The need for court assistance does not disappear merely because an arbitral order has been obtained.

Legal basis: HMK Art. 414; MTK Art. 6; the applicable emergency arbitrator rules.

Arbitral procedure gives the parties considerable room to regulate it; however, this freedom is limited by equality, the right to be heard, the mandatory provisions of the law of the seat of arbitration and the applicable rules. A realistic procedural timetable set at the beginning of the dispute can reduce unnecessary costs and help protect the award at the setting-aside or enforcement stage.

Our work in managing the proceedings:

• Determining the terms of reference or the scope of the dispute according to the rules
• Preparing the case management conference and procedural orders
• The order of pleadings, page limits and the evidence timetable
• Separating jurisdiction and the merits or hearing them together
• The method of document production and the electronic document protocol
• Confidentiality and data security arrangements
• Witness statements and expert reports
• Holding the hearing in person, online or in a hybrid format
• Translation, transcripts and organization of the hearing
• Post-hearing submissions and cost schedules

Arbitration is not faster or less costly than state courts in every file. Arbitration and court options should be compared realistically at the contract stage, taking into account the value of the dispute, the number of arbitrators, the institution’s tariff, expert review, the volume of documents, the duration of the hearing and the need for legal remedies.

Legal basis: HMK Arts. 423–436; MTK Arts. 8–14; the applicable institutional rules.

In international arbitration, the presentation of evidence may differ from the procedure in Turkish courts. In addition to the documents in the parties’ possession, requests to the other side for specific categories of documents, written witness statements, examination of witnesses and experts at the hearing, or the preparation of a joint report by party-appointed experts may come into play. The IBA Rules on the Taking of Evidence apply only to the extent that the parties or the arbitral tribunal accept them; they are not binding of their own force.

In preparing the evidence plan:

• Contracts, annexes, amendments and notices are separated chronologically.
• E-mails, messages, project management systems and digital records are preserved.
• Document retention obligations and claims of legal privilege are assessed.
• Access restrictions are determined for trade secrets and personal data.
• Document production requests are framed in a specific, relevant and proportionate way.
• A witness’s direct knowledge is separated from the witness’s interpretations.
• The scope of the mandate of technical, financial, delay, valuation or damages experts is determined.
• Cross-examination and hearing presentations are tied to the claims and defenses in the file.
• The risks of records obtained unlawfully or whose source cannot be verified are examined.

Legal basis: HMK Arts. 429–432; MTK Art. 12; the parties’ agreement and the evidence regime.

Arbitration is not entirely confidential in every case and automatically. The scope of the duty of confidentiality may vary according to the agreement of the parties, the arbitration rules, the law of the seat of arbitration, procedural orders, court proceedings and the rules on publication of the award. When an action to set aside or an enforcement action is brought before a state court, some of the information in the file may become subject to a different regime of openness.

In the confidentiality and data security plan:

• Categories of confidential information and trade secrets
• Persons who will have access to the documents
• Obligations of outside experts, witnesses, interpreters and service providers
• Confidentiality clubs and restricted access protocols
• Processing of personal data and special categories of personal data
• A secure data room, file encryption and access logs
• Cyber incident notification and response method
• Hearing recordings, transcripts and publication of the award
• Cross-border data transfer

are regulated. The protection of trade secrets in an arbitration file should be ensured with balanced measures that do not render the right to prove one’s case ineffective.

Legal basis: The parties’ agreement, the applicable law, institutional rules and procedural orders.

Arbitration is a frequently used method of dispute resolution in international sales, supply, manufacturing, services, distribution, agency, franchise, license, joint venture, shareholders’ agreement, share transfer and company acquisition transactions. In these files, not only breach of contract but also warranties and representations, price adjustment, earn-out, closing conditions, non-competition, confidentiality, indemnification, contractual penalties, set-off and termination claims may be assessed together.

In transactions involving many contracts and companies, the fact that each contract contains a different arbitration clause may lead to disputes arising from a single economic transaction being heard in different forums. The dispute resolution provisions of the main contract, the ancillary contracts, security instruments, the articles of association and the shareholders’ agreement should be aligned already at the transaction stage.

Technology- and tourism-related contracts: Software development, license, service level, intellectual property use and confidentiality provisions, as well as hotel operation, brand, tourism investment and project management contracts, are also reviewed for the arbitration clause and the arbitrability of the claim. A right that has effect against everyone through a registry and a contractual claim between the parties are not subject to the same assessment.

Legal basis: The arbitration agreement, the chosen substantive law and the provisions of the contract.

Construction and energy projects are among the areas in which arbitration is used intensively, because of technical documents, work programs, variation orders, progress payments (hakediş), delay, extension of time, price differences, fault, acceptance, performance security and the many project parties.

Our work in this area:

• FIDIC, EPC, turnkey, unit price and cost-plus contracts
• Disputes among employers, contractors, subcontractors, consultants and suppliers
• Work program, critical path, delay and extension of time claims
• Additional works, variation orders and price adjustment
• Progress payments, final account, deductions and receivable claims
• Disputes over incomplete or defective work, performance and acceptance
• Cashing of letters of guarantee and interim protection
• Dispute board decisions and arbitration preconditions
• Working with engineering, delay, cost and damages experts
• Energy sale, operation, maintenance and long-term supply contracts

A technical expert report does not replace a legal claim. The notice, record-keeping, extension of time and claim procedures in the contract must be presented consistently with the technical data.

Discipline in notices and technical records: Project correspondence, daily records, versions of the work program, progress payments and variation instructions are preserved. The notice requirements for extension of time, delay and cost claims are reviewed according to the version of the contract used; no single time limit applies to all FIDIC or EPC contracts.

Legal basis: The project contract and its annexes, the chosen substantive law and the arbitration rules.

Transport, maritime, aviation, insurance, reinsurance, credit and financing relationships may bring together different national and international rules. The dispute resolution provisions in the transport document, the charter party, the insurance or reinsurance contract, the security, the bank guarantee and the main commercial contract may not be the same.

In these files, the following may be assessed:

• Transport and logistics contracts
• Charter, bill of lading, freight and carrier liability
• Maritime and aviation disputes
• Insurance and reinsurance agreements
• Recourse and loss sharing among insurers
• Credit, project finance and security agreements
• Bank guarantees and demand guarantees
• Multi-country execution and asset measures

Applications to the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu) are a different system from insurance and reinsurance arbitration at commercial arbitral institutions and are handled in a separate practice area.

Legal basis: The relevant contract, special legislation and the arbitration regime chosen.

Investment arbitration may have legal bases different from commercial arbitration between private parties. A dispute between an investor and the host state may rest on an investment treaty, a multilateral treaty, investment legislation or the consent contained in a contract made with the state. The ICSID Convention and Rules, the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules or other instruments may come into play depending on the file.

In investment arbitration, first of all:

• The definition of the protected investment and the investor
• Nationality, corporate control and restructuring
• The state’s open and valid consent to arbitration
• Waiting periods, notice and local remedies requirements
• The effect of raising the same dispute in another forum
• Expropriation, fair and equitable treatment and other standards of protection
• The state’s regulatory power and public interest defenses
• Damages and valuation of the investment
• The special regime applicable to annulment, nullity or implementation of the award

are examined. The existence of a foreign investment or a state measure does not by itself give rise to a right to investment arbitration; the requirements of consent, scope, time and jurisdiction must be investigated in the specific file.

Awards under the ICSID Convention: The Convention has its own system of annulment and implementation; the national setting-aside and New York Convention regime in commercial arbitration cannot be directly equated with it. The immunity of state assets from execution is examined separately. Awards rendered under the ICSID Additional Facility rules and awards under the Convention should not be treated as subject to the same enforcement regime.

Legal basis: The applicable investment treaty; ICSID Convention Arts. 25 and 52–55; the relevant arbitration rules.

Establishing that a party is in the right and proving the damage claimed are different tasks. In an arbitration file, the breach of contract, causation, foreseeability of the damage, the duty to mitigate, the alternative scenario, the date, the currency and the type of interest must be examined together.

The main matters requiring financial review:

• Direct loss and additional cost
• Past and future loss of profit
• Price differences and the effect of exchange rates and inflation
• Delay, loss of productivity and work stoppage
• Valuation of a company, shares or a project
• Start date and rate of interest, compound interest and currency
• Contractual penalties and liquidated damages
• Tax effect and avoidance of double recovery
• Arbitrator, institution, expert, translation and party representation costs
• Allocation of costs among the parties and security for costs

An expert opinion is as valuable as the data and method on which it rests. The financial model must be verified against the contract and the actual records; assumptions must be explained in a way that can be tested by the other side and the arbitral tribunal.

Financing and cross-border payment: If there is third-party funding, the applicable disclosure obligations, conflicts of interest and demands for security for costs are examined. The effect of sanctions, export controls and restrictions on money transfers on the contract, on institutional payments or on collection is assessed with regard to the relevant country and transaction.

Legal basis: HMK Arts. 440–442; MTK Art. 16; the applicable cost tariff and substantive law.

Nothing prevents the parties from holding settlement talks while arbitration is pending. A contract may provide for negotiation, mediation, a dispute board or expert determination as a stage that must be completed before arbitration. The binding nature of these stages, their duration, the procedure of the application and the conditions for moving on to arbitration are examined separately.

Our firm provides legal services in:

• Representation of a party in settlement negotiations before and during arbitration
• Legal representation in the mediation process
• Managing multi-tiered processes such as ISTAC mediation-arbitration
• Applications to dispute boards and for expert determination
• Preparing settlement terms and reviewing execution risks
• Recording the settlement as an arbitral award on agreed terms (consent award), at the request of the parties and within the framework of the applicable rules

these matters. Representing a party in mediation and acting as a mediator are different roles; the task of mediator can be carried out only by persons who hold the authority required by the relevant legislation.

Legal basis: HMK Art. 434; MTK Art. 12/D; the applicable arbitration or mediation rules.

Arbitration is not a system entirely detached from state courts. Depending on the applicable law, courts may take on tasks in limited areas such as the arbitration plea, the appointment or challenge of arbitrators, interim protection, obtaining evidence, setting aside, recognition, enforcement and execution.

Our court-related work:

• The arbitration plea in a case filed despite an arbitration agreement
• Defense of the validity or scope of the arbitration agreement against an arbitration plea
• An application to court where the arbitrator appointment mechanism fails
• Interim injunction, precautionary attachment and preservation of evidence
• Court assistance for evidence held by third parties
• The action to set aside the arbitral award
• Recognition, enforcement and enforceability procedures
• Coordination of arbitration and court proceedings

Depending on the applicable law, requesting interim protection from a court may not mean that the arbitration agreement has been waived. Even so, the application must be consistent with arbitration and directed to the correct authority.

Legal basis: HMK Arts. 410–414, 416–418, 432; MTK Arts. 3, 5–7, 12 and Supplementary Art. 1.

An arbitral award may contain a calculation or typographical error, an unclear ruling, a claim that was not decided, or an omission regarding costs and interest. The applicable law and the arbitration rules may allow the arbitral tribunal to correct, interpret or issue an additional award within a limited time.

In the first review after the award:

• Consistency between the operative part and the reasoning
• Parties, amounts, currency and interest
• Litigation costs and attorney fees
• A claim that was not decided
• Clerical error or ambiguity
• The date of notification and the time limits for application
• The strategy for setting aside, recognition and enforcement, and compulsory execution

are assessed together. The route of correction or interpretation is not an ordinary remedy that reopens the merits of the award for discussion.

Legal basis: HMK Art. 437; MTK Art. 14/B; the applicable institutional rules.

Against arbitral awards whose seat of arbitration is Türkiye, an action to set aside may be brought within the framework of the limited grounds in the applicable law. The action to set aside is not an appeal in which the award is re-examined from beginning to end on the facts and the law. Grounds such as invalidity of the arbitration agreement, a defect in the selection of arbitrators, excess of authority, conduct of the procedure contrary to the agreement of the parties or the law, equality and the right to be heard, arbitrability and public policy are assessed on the basis of the file.

Our work in the action to set aside:

• Determining the applicable setting-aside regime and the competent court
• Establishing the date of notification of the award and of any decision on correction or completion
• Extracting from the file the procedural objections raised in time
• Examining claims concerning jurisdiction, the selection of arbitrators, equality and the right of defense
• Assessing whether the award exceeds the scope of the arbitration agreement
• Review of arbitrability and public policy
• The possibility of partial setting aside
• The effect of the action to set aside on execution of the award and security options
• Legal remedies and implementation after the decision

A procedural objection that was not raised in time or recorded during the arbitration may become difficult to use at the setting-aside stage. For this reason, the defense after the award must be built while the arbitration proceedings are still under way.

In Türkiye, the competent authority for setting aside an arbitral award and the competent authority for requests for court assistance, such as the appointment of arbitrators, the challenge of an arbitrator or interim protection, may not be the same. The applicable arbitration regime, the seat of arbitration and the subject of the dispute must be determined separately for each application.

Comparison of time limit, court and effect on execution under the HMK and MTK

Legal basis: HMK Art. 439; MTK Art. 15.

For a foreign arbitral award to benefit from res judicata or conclusive evidentiary effect in Türkiye, recognition may be required; for it to be the subject of compulsory execution, enforcement (tenfiz) may be required. The applicable regime is determined within the framework of the New York Convention, the other conventions to which Türkiye is a party and the provisions of Law No. 5718 on Private International and Procedural Law (MÖHUK).

In the recognition and enforcement process:

• Whether the award is foreign or domestic in nature
• The applicable international convention and the statutory enforcement regime
• The original or a duly certified copy of the arbitration agreement
• Whether the award is binding or enforceable under the relevant regime, and its notification to the parties
• Apostille, certification and translation requirements
• Whether the parties were informed of the selection of arbitrators and of the proceedings
• The right of defense and equality
• The authority of the arbitral tribunal and the scope of the award
• Setting aside of the award or suspension of its execution
• Arbitrability and Turkish public policy
• Partial enforcement
• Precautionary attachment, asset investigation and compulsory execution

are examined. As a rule, the enforcement court does not decide the merits of the dispute again; it assesses the obstacles to enforcement set out in the convention and the law.

The New York Convention and Türkiye’s declarations: Türkiye applies the Convention to awards made in other contracting states and to legal relationships considered commercial under Turkish law. Awards that fall outside the scope of the Convention or are subject to a different regime are assessed separately. Being binding is not the same as requiring a separate certificate of finality in every case.

Related detailed page: International Debt Collection and Cross-Border Enforcement

Legal basis: 1958 New York Convention Arts. I–VII; MÖHUK Arts. 60–63.

Obtaining an arbitral award may not be the end of the collection process. Where the debtor or the assets are in another country, recognition of the award, a declaration of enforceability, precautionary measures, asset investigation and local execution steps are carried out under the law of the country concerned.

In these processes our firm:

• Makes a preliminary assessment of the countries where the award can be applied and of the assets
• Compares the New York Convention and the conditions of local law
• Prepares the award, the arbitration agreement, and the documents for service and translation
• Instructs and coordinates legal professionals authorized to practice in the country concerned
• Assesses parallel execution and interim protection options
• Conducts collection, settlement and restructuring negotiations

provides legal process management in these matters. The court, fee, representation, public policy and execution rules of each country are reviewed separately.

Collectability: The opposing party’s assets, security, sanctions and restrictions on money transfers, and any bankruptcy or restructuring process are examined separately. Winning an award does not mean that collection will necessarily take place or that it will take place within a particular time.

Legal basis: The applicable international convention and the law of the country of execution.