Arbitration—Turkey—Q&A guide

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • Arbitration—Turkey—Q&A guide
  • 1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?
  • 2. Do bilateral investment treaties exist with other countries?
  • 3. What are the primary domestic sources of law relating to domestic and foreign arbitral proceedings, and recognition and enforcement of awards?
  • 4. Is your domestic arbitration law based on the UNCITRAL Model Law? What are the major differences between your domestic arbitration law and the UNCITRAL Model Law?
  • 5. What are the mandatory domestic arbitration law provisions on procedure from which parties may not deviate?
  • 6. Is there any rule in your domestic arbitration law that provides the arbitral tribunal with guidance as to which substantive law to apply to the merits of the dispute?
  • 7. What are the most prominent arbitral institutions situated in your jurisdiction?
  • 8. Are there any types of disputes that are not arbitrable?
  • 9. What formal and other requirements exist for an arbitration agreement?
  • More...

Arbitration—Turkey—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to arbitration in Turkey published as part of the Lexology Getting the Deal Through series by Law Business Research (published: November 2020).

Authors: CETINKAYA—Orcun Cetinkaya; Ural Özbek

1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?

Turkey is a contracting state to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). The New York Convention has been in force since 1992. Turkey has made two reservations to the New York Convention, namely the reciprocity reservation and commercial reservation, accordingly, the New York Convention shall only apply to disputes arising from commercial relationships and to awards rendered in the territory of another contracting state.

Also, Turkey is a party to the European Convention on International Commercial Arbitration and to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention).

2. Do bilateral investment treaties exist with other countries?

There are 76 bilateral investment treaties (BIT) in force. The countries with which Turkey has entered into BIT are Afghanistan,

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