2019 Hague Judg­ments Con­ven­tion largely aligns with Turk­ish law

De­vel­op­ment sum­mary

Ilyas Arslan ex­am­ines the in­ter­na­tion­al frame­work gov­ern­ing the re­cog­ni­tion and en­force­ment of for­eign judg­ments in civil and com­mer­cial mat­ters through a com­par­is­on with Turk­ish law. The study con­siders where the two re­gimes con­verge and where they differ in ad­dress­ing the cross-border cir­cu­la­tion of judg­ments.

Its ana­lys­is fo­cuses on the grounds for re­fus­ing re­cog­ni­tion or en­force­ment and on the pro­ced­ures gov­ern­ing those pro­cesses. Arslan finds that the Con­ven­tion’s ap­proach is broadly aligned with Turk­ish law in both re­spects, and con­cludes that, if Türki­ye were to accede with the rel­ev­ant de­clar­a­tions, its ap­plic­a­tion by Turk­ish courts should not present sig­ni­fic­ant dif­fi­culty.