175 ARBITRATION LAW interests.”.1 Public policy will be established under the laws of the state where the enforcement is sought in line with Article V (2) of the New York Convention, which provides that an arbitral award may be refused if “the award would be contrary to the public policy of that country.” The concept of public policy is heavily discussed at an international level and also within the framework of Turkish law. Violation of public policy is examined ex officio by the courts; therefore, the definition and interpretation of public policy is left to the discretion of the court, and is evaluated according to the aspects of each specific case. The concept of public policy, which is frequently discussed by the Court of Cassation, is defined by the Court of Cassation General Assembly on the Unification of Case Law with the decision2 dated 10.02.2012 (“Decision of the General Assembly”). The Decision of the General Assembly states that the concept of public policy is abstract, and is open to interpretation and changes through time and place. Although it does not have an established definition, it is regarded as “the body of rules protecting the basic structure and interests of society.” The Court of Cassation frames public policy as “the violation of the fundamental values of Turkish law; common understanding of Turkish customs and morals; sense of justice that the Turkish laws rely on; sense of politics that the Turkish laws rely on; fundamental rights and freedoms under the Constitution; common principles accepted on an international level; private law rules based on the principle of good faith; the principles of law that express the moral principles and sense of justice mutually adopted by civilized communities; society’s level of civilization; and political and economic regime and rights and freedoms.” It is also stated that public policy is composed of rules that the parties must comply with and cannot freely exercise.3 1 Erdem, Ercüment H.: Milletlerarası Ticaret Hukuku, İstanbul 2020, p. 718. All of the translations included in quotations were made by the author. 2 The Court of Cassation General Assembly on the Unification of Case Law, dated 10.02.2012, 1/1, (www.lexpera.com). 3 For the relationship between arbitrability and public policy, please see. Erdem, H. Ercüment: “Relationship between Arbitrability and Public Policy in Light of
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