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NEWSLETTER 2013

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render the award only for certain aspects of the dispute; the entire dispute

is not yet assessed.

The Final and Binding Character of Arbitral Awards

Pursuant to Article 60 of the IPPL and Article 5/1 (e) of the New York

Convention, the arbitral award to be enforced must be final and binding

on the parties. The “final and binding” character of the award must be

determined in accordance with the procedure applied to the arbitration.

For instance, the award may be accepted as

“final and binding”

where it is

stated in the rules applied to the arbitration that the award shall be binding

on the parties upon the signature of the award by the arbitrators, or that

the approval of an authority other than the arbitrators is not required in

order for the award to be binding upon the parties.

Consequently, an award that is not final and binding cannot be

enforced. Therefore, the final and binding character of a partial award,

which does not address the entire dispute, and the enforceability of such

an award is a controversial issue.

Partial Arbitral Awards

The IPPL and the New York Convention do not regulate the

enforcement of partial arbitral awards. However, the Act on International

Arbitration No. 4686 (“AIA”), dated 21.06.2001, states in Article 14/A

that the arbitrators may render partial awards. Accordingly, Article 6 of

the Communiqué on the International Arbitration Fees Tariff states that in

the event the arbitrators render a partial award, the fee shall be calculated

in accordance with the value of the dispute subject to partial award, and

where the partial award is rendered as the final award, the whole of the

tariff fee shall be paid. In light of these provisions, it is clear that the

notion of “partial award” is accepted under Turkish law. Therefore, the

enforceability of partial awards in Turkey may be accepted accordingly.

The enforceability of partial awards is accepted by legal scholars on

two grounds

. In the first, it is stated that the IPPL and the New York

SIT, Banu

; Kurumsal Tahkim ve Hakem Kararlarının Tanınması ve Tenfizi, Ankara 2005, p.

226.