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TURKEY 8
Yargıtay, 11th Civil Chamber, 24 February 2022, Case No. 2020/2115 Main, Decision No. 2022/1276
(Profilo End. İşl. Ve Tic A.Ş. et al. v. Not indicated)
TURKEY 8
A court of first instance and a court of appeal had granted recognition and enforcement of an ICC final award rendered in Switzerland. The merits of the issue had been decided in a partial award; the final award ordered the Profilo parties to bear the other party’s arbitration costs and expenses. Both courts had dismissed the contention that the costs and expenses were not justified, and that enforcement of the final award would violate public policy as it would impose an intolerable financial burden on the Turkish economy or Turkish public institutions. The Court of Cassation upheld the decisions below.
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.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.