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- TURKEY 21 April 2025
TURKEY 21 April 2025
Regional Court of Appeal, Adana, 9th Civil Chamber, 21 April 2025
(Parties not indicated)
TURKEY 21 April 2025
The Regional Court of Appeal confirmed the principle upheld in first instance that under the New York Convention, which applies to proceedings for enforcement of foreign arbitral awards in Türkiye, courts may not review the merits of the dispute decided in the award. The Court also stressed that exequatur may only be denied on the seven grounds exhaustively listed in Article V of the Convention.
The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.
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.