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ARBITRATION LAW 193
Enforcement of Partial Arbitral Awards*
Att. Fatih Isik
Introduction
In order to execute a foreign arbitral award in Turkey the award must
be enforced by the Turkish courts. Under Turkish law, the enforcement
proceedings are conducted in accordance with the provisions of the Act
on International Private and Procedural Law No. 5718 (“IPPL”) and the
New York Convention on the Recognition and Enforcement of Foreign
Arbitral Awards (the “New York Convention”), dated 10 June 1958.
Article 5 of the New York Convention and Article 64 of the IPPL
regulate the grounds for refusal to enforce the award. Pursuant to these
articles, the enforcement of foreign arbitral awards may be refused where
the parties to the arbitration agreement were under incapacity to conclude
it or the agreement is invalid, the party against whom the award is invoked
was not given proper notice of the arbitration proceedings or was otherwise
unable to present his case, the award contains matters beyond the scope of
the arbitration agreement, the composition of the arbitral authority or the
arbitral procedure was not in accordance with the agreement of the parties
or the law of the country where the arbitration took place, the award has
not yet become binding on the parties or has been set aside or suspended
by a competent authority of the country, the subject matter of the award
is not capable of being settled by arbitration under the laws of Turkey or
the enforcement of the award would be contrary to Turkish public policy.
In this article, the enforceability of partial awards shall be assessed.
However, it should be noted that, the subject of this article is “enforcement
of partial awards” and not the “partial enforcement of arbitral awards”.
Partial enforcement of an arbitral award is where, the award is related to
the entire dispute but the parties are willing to enforce only some parts of
the award 1. However, for the enforcement of a partial award, arbitrators
* Article of March 2013
1 For detailed information with regards to partial enforcement of arbitral awards, please see
BABUR, Ezgi; Partial Enforcement of Arbitral Awards,
kat=15033&yil=2012 (Access date: 22.03.2013).