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TURKEY 5
Yargıtay, 20 February 2020, 19. HD., E. 2018/3424 K. 2020/568
(Flame SA v. As Çimento San. ve Tic. A.S.)
TURKEY 5
The claimant sought recognition and enforcement of an English award rendered in respect of a delivery of coal. The Supreme Court held that the New York Convention prevailed over the enforcement provisions of Turkish law, and that there was no ground under the Convention for denying enforcement. The sole arbitrator had held that the defendant had accepted the contract containing the arbitration clause by performing under it, and had established that the contract had been duly signed and that the defendant had been duly notified of the arbitration in accordance with English law on arbitration. Further, the award was final and the enforcement court could not review its merits.
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.
Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.