Yabancı Hakem Kararlarının Tenfizinde Hukuki Yarar

The enforcement of foreign arbitral awards in Turkey is governed by the New York Convention of 1958. Under the Convention, enforcement proceedings are generally subject to the lex fori, making Turkish law, specifically the Turkish Code of Private International Law No.5718 and the Turkish Code of Civil Procedure No.6100, applicable to the enforcement lawsuit. Although the right to file an enforcement lawsuit and the legal interest in this regard belong to the parties to the arbitral award as a rule, changes in the ownership of the claim arising from the arbitral award cause a change in the person who has a legal interest in filing a lawsuit. Within this framework, the successors of the parties to the award have a legal interest in bringing an enforcement lawsuit. In the event of an assignment of the claim, the legal interest in bringing a lawsuit for enforcement of the award passes to the assignee. However, depending on the timing of the assignment, issues regarding the extension of the arbitration agreement may also need to be considered. If the claim is assigned before the commencement of the arbitration proceedings, the arbitration agreement may be extended. If the claim is assigned after the commencement of the arbitration proceedings, it is accepted in Turkish jurisprudence that an arbitral award rendered as a result of the assignor continuing the proceedings as a party may be subject to an enforcement lawsuit by the assignee. In the event that the arbitral award or the claim arising out of the underlying relati

Keywords: Enforcement of foreign arbitral awards, procedure of enforcement lawsuits, legal interest, assignment of claims, extension of arbitration agreement.…