Recognition of a Foreign Arbitral Award in a Case Pending Before a Turkish Court

Development summary

Recognition of a foreign arbitral award carries its res judicata effect into the state where recognition is sought, without depending on enforcement; Candan Yasan’s article in Akdeniz Üniversitesi Hukuk Fakültesi Dergisi addresses whether that request may be raised within proceedings already pending before a Turkish court. The text notes that Article 63 of the Turkish Private International Law and Procedural Law Act subjects recognition to the rules on enforcement, that a standalone action for recognition remains exceptional, and that doctrine and practice accept recognition as a defence in ongoing litigation; it also states that, even without an express provision, the court may deal with the request as a preliminary issue if it falls within its jurisdiction.