نویسنده
Ekşi, Nuray
تاریخ انتشار
2020
محل انتشار
-
Istanbul University
موضوع
New York convention, Enforcement of foreign arbitral awards, Public policy, The fundamental principles of law, Mandatory rules, Excessive compensation, Excessive cost of arbitration, Excessive interest or compound interest, Enforcement of arbitral award including punitive damages, The enforcement of anti-suit injunction order by arbitrators, Enforcement of the foreign arbitral awards contrary to the mandatory rules
نوع
دوره ای
زبان
انگلیسی
دیجیتال
بله
نسخه خطی
خیر
کتابخانه
دانشگاه اوزیغین
شناسه دارایی کتابخانه
2651-5377
شماره ثبت
6bd65c27-fad0-4eb8-bf36-dce89c35d449
محل کتابخانه
Law
تاریخ
2020
متن نمونه
In this study, first, the concepts of "recognition" and "enforcement" of foreign arbitral awards will be explained. Then, the legal basis for the recognition and enforcement of foreign arbitral awards will be clarified. The principles proposed in the academic circles to prevent the use of public policy beyond its purpose in enforcement of foreign arbitral awards proceedings will be briefly explained. Following that, what is considered by the doctrine to be part of public policy will be addressed. Thereafter, the attempts made by the courts framing public policy as an impediment to the enforcement of foreign arbitral awards will be addressed. In addition, the elements which, in Court of Cassation decisions, are considered to be public policy grounds that justify denial of enforcement of foreign arbitral awards will be evaluated under ten headings. In the last part of the study, the effect of public policy on the enforcement of foreign arbitral awards containing peculiar features will be examined. Three topics will be discussed under this title: first, the effect of public policy on enforcement of interim measures granted by arbitrators; second, the effect of public policy on the enforcement of the RICO or punitive damages awards, and third, the effect of public policy on the recognition of the anti-suit injunctions ordered by arbitrators. Our general evaluation regarding public policy as a bar to enforcement of foreign arbitral awards in terms of Turkish doctrine and practice will be presented in the conclusion.
DOI
10.26650/ppil.2020.40.1.0023
Cilt
40
