Baker McKenzie’s Arbitration Yearbook 10th Anniversary Edition 2016-2017
Click here for the chapter on Turkey in the 2016-2017 Arbitration Yearbook.
Arbitration News from Turkey
Turkey permits state court interim attachments before enforcement of arbitral awards
Recent development
While Turkey's International Arbitration Law No. 4686 has long permitted Turkish courts to grant interim relief before or during arbitral proceedings, the law...
Turkey: Constitutional Court confirms the constitutionality of the Law on the Istanbul Arbitration Centre
The expansion of economic globalization and the growing number of transnational transactions in the last few decades have - inevitably - resulted in an...
Have you had your day in Court? Swiss Federal Supreme Court decision clarifies conditions...
One of the central objectives of civil procedural law is to provide a mechanism for the final and conclusive resolution of disputes. In accordance...
Turkish Court of Appeal fails to clarify validity of ‘hybrid’ jurisdiction-arbitration clauses
The background
Turkey's International Arbitration Law requires that an agreement to arbitrate disputes be clear and definite. An agreement which contains both a jurisdiction clause...
Turkey establishes Istanbul Arbitration Center
On 29 November 2014, the Turkish government published a law (No. 6570) authorizing the establishment of the Istanbul Arbitration Center. This new institution is...
Are disputes arising from a Turkish company’s articles of association arbitrable?
The Turkish Court of Appeal sheds some light on a long-vexing question
Introduction
The practice of inserting identical provisions into a company's articles of association and...
Arbitration News from Europe
Germany: Federal Court of Justice Lowers the Bar for the Annulment of an Award...
In its decision of May 2017, the Federal Supreme Court of Germany (Bundesgerichtshof) laid down a new principle for setting aside an arbitral award...
A Stepping Stone Without Overstepping The Mark – English Commercial Court Outlines What Constitutes...
In the recent anonymised judgment of P v Q and others EWHC 194 (Comm), the England & Wales Commercial Court gave some important...
U.S. Second Circuit Confirms Annulled Award Cannot Be Enforced
Two years after its noted decision enforcing an annulled award in the Pemex case, the Second Circuit again took up the issue of enforcement...
Security for costs – Renunciation of the standards set up in “RSM v. Saint...
Can a tribunal order an impecunious claimant to pay security for costs? This is an often debated topic both in commercial and in investment...
