178 NEWSLETTER 2021 according to the social, economic, cultural and historical merits of the state where enforcement is requested. In this case, it was claimed that the arbitral award decided on an excessive contractual penalty and, therefore, was in violation of the public policy. However, the Court of Cassation ruled that the amount determined in the award was the amount determined under the settlement agreement, and even if the penalty is determined to be excessive, it will not violate public policy. Unreasoned Arbitral Awards Different decisions of the Court of Cassation,10 especially the Decision of the General Assembly, provide that an unreasoned arbitral award does not violate public policy and, therefore, does not constitute a refusal for enforcement. These decisions are criticized in the doctrine on the grounds that the unreasoned awards may result in arbitrariness.11 However, there are also opinions which suggest that the absence of reasoning in arbitral awards do not indicate arbitrariness, it cannot be considered as a refusal, but that arbitral awards having contradictory and inconsistent reasonings may be contrary to public policy.12 Contradiction Between Interim and Final Arbitral Awards In a set aside proceeding, an alleged contradiction between the interim decision and the final award rendered by the arbitral tribunal was discussed in terms of public policy. The Decision of the 15th Civil Chamber dated 12.03.2020 discussed the interim decision by the arbitral tribunal in which it was decided that the receivable awarded will be collected from the date of default without specifying a certain date, and that the final award arbitral tribunal specified such date. The Regional Court of Justice 10 The Decision of the General Assembly; the 15th CC of the Court of Cassation, No. 895/2050, 31.03.2016 (www.lexpera.com); the General Assembly of Civil Chambers, No. 568/747, 08.02.2012 (www.lexpera.com). 11 Tarman, Zeynep Derya: “Yabancı Mahkeme ve Hakem Karalarının Türkiye’de Tenfizinde Karşılaşılan Sorunlara İlişkin Bazı Tespitler,” Public and Private International Law Bulletin, İstanbul Üniversitesi Yayınevi, 2017, No: 37(2), p. 813, https://dergipark.org.tr/en/download/article-file/412015. 12 Nomer, p. 572.
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