The effect of public policy on recognition andenforcement of foreign arbitral awards in Turkey
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- Tez No: 707398
- Danışmanlar: DR. GBENGA ODUNTAN
- Tez Türü: Yüksek Lisans
- Konular: Hukuk, Uluslararası Ticaret, Law, International Trade
- Anahtar Kelimeler: Public policy, public order, recognition and enforcement of foreign arbitral awards, New York Convention Acknowledgements: I would like to many thanks to my supervisor, who is Dr. Gebnga Oduntan for his helps. Also, I appreciate to my parents because of their supports throughout my LLM course. Finally, being a student in University of Kent and its excellent education made me more successful, many thanks to all University of Kent team
- Yıl: 2017
- Dil: İngilizce
- Üniversite: Kent State University
- Enstitü: Yurtdışı Enstitü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 49
Özet
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Özet (Çeviri)
Globalization has led to the increase of international agreements in the field of global trade. Cross-border disputes are occurring daily, and the necessity of international agreements to address such disputes is ever-present.. To reduce most of these conflicts, international commercial arbitration has become a significant dispute resolution mechanism. It is worthy to note that when utilizing arbitration, willing parties obtain final and binding decision given by a third party or a tribunal. In light of the recent enhancements in international commercial disagreements, in 2001the Turkish state adopted international commercial arbitration into their legal system. Law no: 4686 has developed proficiency in the Turkish system to handle such disputes.. Recent legal regulations and signed international conventions has afforded Turkey a higher level of progress. Despite the gradual progression of Turkey's adoption of international arbitration, it has quickly become one of the most criticized countries in the world regarding recognition and enforcement of foreign arbitral awards. This criticism is heavily focused on Turkish public policy, which is one of the greatest barriers in therecognition or enforcement of foreign arbitral awards. The scope of public policy is too widely interpreted in Turkish state courts. Due to the above mentioned reasons, Turkey is not considered a state whereby quality arbitration can be realized. This dissertation aims to assess public policy interferences in the recognition and enforcement offoreign awards and .Turkey, which is known as an inarbitrable country will be chosen as the case study. The paper will examine varying types of public policy classifications and highlight its prevention of arbitral awards through the use of multiple cases. .
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