Hakem Kararlarının Ticaret Siciline Tescili Meselesi

The matters that can be registered in the trade registry are mainly regulated by the Turkish Commercial Code and the Trade Registry Regulation. Although the Turkish Commercial Code and the Trade Registry Regulation include certain court decisions among the matters that can be registered, they do not include arbitral awards. This situation not only creates uncertainties about the registration of arbitral awards, but also indirectly raises questions about the arbitrability of commercial disputes.

In this study, the question of whether arbitral awards can be registered in the trade registry is examined. Article 15/B of the International Arbitration Code specifically regulates the performability of arbitral awards arising from arbitrations involving a foreign element. On the other hand, the Code of Civil Procedure does not contain a similar provision and, therefore, allows for the performability of arbitral awards arising from domestic arbitrations without any additional procedures. This difference necessitates a distinction between these two types of arbitration. Therefore, the issue will be addressed separately in the context of both domestic and international arbitration. The study follows a deductive approach and attempts to draw conclusions based on general principles.…

Keywords: Registration of Arbitral Awards in the Trade Registry, Matters Eligible for Registration in the Trade Registry, Registration in the Trade Registry, Arbitrability, Arbitration.…