Issues Regarding Foreign Arbitral Awards With Respect to General Enforcement Proceedings and Provisional Attachment Judgments
Arbitration is a dispute resolution method commonly preferred in international commercial relations. When a party receives an enforceable arbitral award, they intend to commence proceedings to enforce that award. General enforcement proceedings in Turkey do not require a judgment, yet along with any...
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| Format: | Article |
| Language: | English |
| Published: |
Istanbul University Press
2021-12-01
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| Series: | Public and Private International Law Bulletin |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/5F8E3DFA96964381AF20ADDE78C9AE97 |
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| Summary: | Arbitration is a dispute resolution method commonly preferred in international commercial relations. When a party receives an enforceable arbitral award, they intend to commence proceedings to enforce that award. General enforcement proceedings in Turkey do not require a judgment, yet along with any documents. In our research, the effects of the two legal proceedings have been examined. First of all, it is established that there is no legal prohibition on applying foreign arbitral awards as an addendum to general, enforcement proceedings. According to Turkish law, in general enforcement proceedings, claimant does not have any obligation to submit any documents as an addendum to their claim. In addition, the definition and versions of documents have been established extensively in Turkish law. Therefore, it is safe to say thatforeign arbitral awards may be attached to general enforcement proceedings. Moreover, due to its relation to the scope of this article, the regulation regarding the provisional attachment and relations to foreign arbitral awards have been viewed. Provisional attachments may be requested from Turkish courts, not only judicial proceedings but also general enforcement proceedings as well. We kindly try to establish the competence of foreign arbitral awards regarding the conditions required to appeal for provisional attachment. The reason for such evaluation is that the persuasion of the judge regarding the existence of the debt is required in order to request provisional attachment. Finally consequent to the debtor’s objection, cancellation of the objection lawsuit and compensation claims which shall be brought up by the creditor has been evaluated by the aspects of arbitration law. |
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| ISSN: | 2667-4114 |