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Partial Enforcement of Foreign Arbitral Awards
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Att. Ezgi Babur
As is known, in order to give a res judicata effect (binding effect of
already judged matter) to a foreign arbitral award within the territory of
Turkey, the courts must authorize its enforcement. During enforcement
proceedings, the court will examine whether or not there exist an obsta-
cle for the enforcement of the foreign arbitral award and accordingly the
enforcement shall be granted or rejected. In some cases, the grounds for
the refusal of enforcement may only affect a part of the arbitral award.
At this point, the question of the possibility of partial enforcement of
the subjects ruled in the arbitral award is of importance.
In General
The grounds of dismissal in the enforcement of foreign arbitral
awards are regulated under Article 62 of the International Private and
Civil Procedure Law numbered 5718 (“IPCPL”) and in the New York
Convention dated 10 June 1958 on the Recognition and Enforcement
of Foreign Arbitral Awards (“New York Convention”).
Article V/1-(c) of the New York Convention shall be applied with
regard to the requests of partial enforcement in the enforcement pro-
ceedings realized in accordance with the New York Convention.
Pursuant to the said Article, in case the award deals with a difference
not contemplated by or not falling within the terms of the submission
to arbitration, or it contains decisions on matters beyond the scope of
the submission to arbitration, provided that the decisions on matters
submitted to arbitration can be separated from those not submitted, that
part of the award which contains decisions on matters submitted to
arbitration may be recognized and enforced.
Article 62/(g) of the IPCPL provides that in cases where the arbi-
tral award pertains to a subject which is not included in the arbitral
agreement or clause or where the arbitral award passes beyond the lim-
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Article of July 2012