Answer ... The procedure for the enforcement of arbitral awards in Turkey may differ depending on the law applicable to the dispute that was subject to the arbitration. In this regard, the International Private and Civil Procedure Law (5718) dated 27 November 2007 and the Turkish International Arbitration Code (TIAC) apply to the enforcement of arbitral awards that contain a foreign element; while domestic arbitration awards are subject to the Turkish Civil Procedure Code (TCPC).

Turkey is a signatory to the New York Convention 1958, which has been in force since 30 September 1992. The International Private and Civil Procedure Law applies to arbitral awards rendered in non-signatory countries, whereas the TIAC – which is influenced by the UNCITRAL Model Law – functions as a guide to the implementation of the New York Convention within the national law. Arbitral awards that fall within the scope of the New York Convention and the TIAC are thus enforceable upon obtaining an ‘enforceability document’ from the domestic courts. Moreover, under Article 15 of the TIAC, “filing an annulment claim automatically stays the enforcement of the award”.

In the preamble to Article 493/4 of the TCPC, it is acknowledged that domestic arbitral awards “become enforceable from the moment that they are rendered”. These awards can be enforced in the same manner as domestic court decisions. In addition, and unlike in international arbitration under the TIAC, Article 493/4 of the TCPC provides that “filing an annulment claim does not stay the enforcement” of domestic arbitration awards.