ANA METIN ingilizce.17

custody of minor children to both parents, where it rules on the

enforcement of the part of foreign court judgment pertaining to divorce

of spouses and rejects the part pertaining to entrusting the custody of

minor children to both parents

Partial Enforcement and Prohibition of Révision au Fond

The enforcement judge shall take into consideration the prohibi-

tion of

révision au fond

(prohibition of examination of merits of the

case) while giving partial enforcement decisions. It should be empha-

sized that the partial enforcement shall not involve the examination of

merits of the case. In the event that the examination of merits is

required in order to grant a partial enforcement, the request of partial

enforcement shall be rejected.

Accordingly, the part of the arbitral award subject to request of

enforcement shall be separable from the arbitral award. For instance,

there is no obstacle for the partial enforcement of pecuniary debts

Conclusion

In case there are grounds for refusal of enforcement concerning

some parts of the arbitral award, the request of partial enforcement

shall be accepted. In this way, a favorable solution for the parties,

which choose to resolve their disputes by means of arbitration, in

accordance with their contribution of time and their expenses would be

obtained. The precedent decisions of the Court of Cassation indicate

that the partial enforcement is possible. However, the principle of pro-

hibition of

révision au fond

, which is one of the basic principles with

regard to enforcement proceedings, shall be respected. In this regard,

the separability of the part of the arbitral award giving rise to a ground

of refusal is of great importance.

ARBITRATION LAW

209

Please see the Decision of the 2nd Civil Court of the Court of Cassation dated 27.12.2004 and

numbered 2004/13947 E. and 2004/15854 K.; the Decision of the 2nd Civil Court of the Court

of Cassation dated 12.6.2006 and numbered 2006/2773 E. and 2006/9267 K.

EKŞİ, Nuray

, Yargıtay Kararları Işığında ICC Hakem Kararlarının Türkiye’de Tanınması ve

Tenfizi. Source:

(accessed on 28.01.2013).