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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2023-2024 – Türkiye

by , , , and 14 Mins Read

A. LEGISLATION AND RULES A.1 Legislation Arbitration proceedings in Türkiye are governed by the International Arbitration Act 2001[1] (IAL)[2] for cross-border disputes and by the Code of Civil Procedure of 2011 (CCP)[3] for domestic disputes without a foreign element. Both legal frameworks, which are modeled on the UNCITRAL Model Law, are recognized for their inclusiveness and for facilitating the arbitral process. The Law on International Private Law and Procedural Law (IPPL)[4] in Türkiye, adopted in…

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In Argentina

The Argentine Supreme Court and the Enforcement of a Foreign Arbitral Award: The “Milantic” Case

by 5 Mins Read

Factual Background In “Milantic Trans SA (“Plaintiff”) v. Ministry of Production (Río Santiago Shipyard et al.) (“Respondent”) the Plaintiff requested the recognition and enforcement of two awards rendered by an arbitral tribunal seated in London, England (“Arbitral Tribunal”). The award on the merits was issued on November 15, 2004. The award on court costs and attorneys’ fees was issued on July 1, 2005. Decision of the Court of First Instance On November 17, 2006, the…

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In Arbitration Agreements

New Inter-State-Arbitration Mechanism under the EU-UK Trade and Cooperation Agreement

by and 8 Mins Read

All well that ends well? After more than four years since the Brexit vote and just one week before the end of the Withdrawal Agreement between the United Kingdom and the European Union, both parties have reached a last-minute agreement on the future of trade and cooperation between them: the EU-UK Trade and Cooperation Agreement. This Agreement provisionally enters into force on 1 January 2021 and sets the ground rules for the new partnership between…

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In Asia-Pacific

New Signatories to the New York Convention

by 3 Mins Read

On 3 February 2020, the Seychelles became the 162nd State party to accede to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the Convention”). The Convention entered into force for the Seychelles on 3 May 2020.[1] Shortly thereafter on 31 March 2020, Palau, an island nation located in the Western Pacific Ocean, became the 163rd State party to accede to the Convention. The Convention will enter into force for Palau…

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