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- Title
ENFORCEMENT IN TURKEY OF FOREIGN ARBITRAL AWARDS: THE CHALLENGE OF BUSINESS LOCATION.
- Authors
EROĞLU, Erman
- Abstract
Turkish arbitration policy has progressed in tandem with international arbitration developments, overcoming a number of shortcomings in the process. Turkish arbitration law is, in essence, still a developing field. There are still problems and gaps in Turkish arbitration law that must be addressed in order to create a more functioning arbitration system. One of the problems related to arbitration stems from the business location. In Turkish arbitration law, the parties may waive their right to apply to court for annulment of arbitral awards in part or fully. Parties who have their domiciles, habitual abode, or place of business outside of Turkey may waive their right to annulment. However, a Turkish company cannot waive its chance to seek an action for annulment. The challenges of business location in terms of enforcing arbitral awards under the New York Convention and Turkish law are examined in this paper, and remedies are suggested.
- Subjects
TURKEY; INDUSTRIAL location; ARBITRATION &; award; BUSINESS awards; INTERNATIONAL arbitration
- Publication
Law & Justice Review, 2022, Vol 12, Issue 23, p133
- ISSN
1309-9485
- Publication type
Article