181 ARBITRATION LAW Not Obtaining an Expert Report, Not Submitting a Certified Translation of the Agreement, and Not Issuing Terms of Reference In another decision21 rendered in an action to set aside, the 15th Chamber discussed whether not having obtained an expert report following the site inspection, not having a certified translation of the agreement, and not issuing terms of reference would constitute violation of public policy. The Court of Cassation determined that the above-mentioned issues were related to the collection of evidence, were not matters of public concern and, therefore, did not constitute a violation of public policy. Conclusion Public policy has been discussed in various decisions of the Court of Cassation as the grounds for refusal of enforcement, or a reason for setting aside. However, the Court of Cassation has narrowed its interpretation of public policy over the years and, in this way, the perception of public policy as an obstacle before enforcement gradually started to lean in a positive direction. The narrow interpretation adopted by the Court of Cassation is, undoubtedly, more compatible with the nature of arbitration and paved the way for its popularity. As it has been discussed in our newsletter article, in order to refuse the enforcement of a foreign arbitral award on the grounds of public policy, there must be a violation of the fundamental principles of Turkish law. For instance, an arbitral award that contradicts the Turkish economic structure may face public policy violation claims. It is clear that there have been various attempts to frame the concept and the definition of public policy through the decisions of the Court of Cassation. In this respect, it is understood that the characteristics of each case are evaluated, and the effects of recognizing foreign arbitral awards on Turkish public policy are examined. As the approach for public policy is continuously changing, and each case has different characteristics, the Court of Cassation will continue to shape the frame of public policy. 21 Ekşi, p. 174; 15th CC of the Court of Cassation, No. 2474/3640, 26.09.2019.
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