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Considering the foregoing, we may briefly state that, in respect of
the enforcement of foreign arbitral awards in Turkey, the provisions of
the IPPL are applicable only if the award is decided by a non-contracting
(signatory) State to the New York Convention.
Enforcement and recognition of foreign judgments
International Private and Procedural Law regulates the choice of
substantive law issues, international civil procedure, and the recognition
and enforcement of foreign judgments.
Turkey has signed and ratified bilateral agreements concerning
reciprocity for the recognition and enforcement of foreign judgments with
the following countries:
Italy, Romania, Tunisia, North Cyprus Turkish Republic, Poland,
Austria, Iraq, Azerbaijan, China, Georgia, Albania, Kazakhstan,
Macedonia, Egypt, Moldova, Croatia, Kuwait, Tajikistan
Turkey is also a party to the following Conventions:
-
Convention on Recognition and Enforcement of Decisions
concerning the Matrimonial Bond dated 1975
-
Convention on Recognition and Enforcement of Decisions
concerning Maintenance Allowance Obligations Towards Children
dated 1958
-
Convention on Recognition and Enforcement of Decisions
concerning Maintenance Allowance Obligations dated 1973
-
European Convention on Recognition and Enforcement of
Decisions concerning Custody of Children and on Restoration of
Custody of Children dated 1980
Enforcement of Foreign Judgments in Turkey
“Rules of Simplified Procedure” apply.
A foreign judgment, which is
final under the law of the country where it is decided, cannot be recognized
and enforced by a Turkish judge without holding a hearing. In this hearing,
the facts of the case are not re-opened, and the judge only examines if all
the statutory preconditions necessary for recognition are present.
Lawsuits concerning the recognition and enforcement will be handled
pursuant to the rules of simplified procedure. The defendant can only raise