ARBITRATION UNDER TURKISH LAW: PRACTICE, ENFORCEMENT & BEYOND

Arbitration is not a new concept under Turkish law; in fact, arbitration has been regulated in detail and it has been interpreted in various cases before Turkish courts. However, the Turkish arbitration regime has a multidimensional and fragmented structure under the Turkish legal system. Along with a general criticism of arbitration as a dispute settlement system, arbitration in Turkish law has been subject of fundamental criticisms including involvement and position of domestic courts, enforcement of awards, and conditions of arbitration and arbitrators. Therefore, the main aim of this paper is to provide a general view of arbitration under the Turkish legal system. In order to provide this perspective, this paper will discuss the pros and cons of arbitration in Turkish law in various aspects, particularly in terms of the structure of arbitration and enforcement of arbitral awards.