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- Title
COMPARISON OF THE RECOGNITION AND ENFORCEMENT OF TRANSNATIONAL ARBITRAL AWARDS UNDER TURKISH AND ENGLISH LAWS.
- Authors
ÇOĞALAN, Mehmet
- Abstract
Arbitration as a dispute resolution system is becoming more important nowadays between international business actors. Arbitration tribunal process is important but another important point is the enforcement of arbitration awards because if an arbitration award cannot be recognised or enforced, there is no purpose of having a decision of arbitrators. In international disputes, it is possible that award creditors might need to pursue enforcement of arbitration awards outside the arbitral seat against another country's assets. There are some different approaches between the countries' court to finality of arbitration awards. Turkish courts have differences from English court as to the right of appeal, and these courts at some point deal differently with the enforcement of arbitration awards. In this study, the different attitude of Turkish and English courts that might occur due to public policy, commercial realities or concept of arbitrability will be compared and analyzed.
- Subjects
ARBITRATION &; award; LEGAL recognition; ENFORCEMENT of arbitral awards; ARBITRATORS; INTERNATIONAL litigation
- Publication
Journal of International Trade & Arbitration Law / Uluslararasi Ticaret ve Tahkim Hukuku Dergisi, 2016, Vol 5, Issue 2, p433
- ISSN
2146-9717
- Publication type
Article