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Lexology Navigator - Arbitration

Legal framework

National arbitration laws

What legislation applies to arbitration in your jurisdiction? 

The main piece of legislation governing domestic arbitration in Turkey is the Civil Procedural Code (6100), which entered into force in 2011. International arbitration is governed by the International Arbitration Law (4686), which came into force in 2001 and which is modelled on the UNCITRAL Model Law and the international arbitration section of the Swiss Federal Private International Law 1987. The International Arbitration Law governs arbitrations that are based in Turkey but which involve a foreign element. Even if the seat of arbitration is not Turkey, the parties can contractually subject the arbitration to this law, provided that there is still a 'foreign element' present. In addition, the recognition and enforcement of foreign arbitral awards is regulated separately under the International Private Procedure Law (5718).

 

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First published by Globe Business Media Group, Lexology Navigator for Turkey, July 2016.