Public policy in the enforcement of forein arbitral awards in the light of the judgments of the court of cassation

Name: Public policy in the enforcement of forein arbitral awards in the light of the judgments of the court of cassation
Author: Ekşi, Nuray

İsim	Public policy in the enforcement of forein arbitral awards in the light of the judgments of the court of cassation
Yazar	Ekşi, Nuray
Basım Tarihi:	2020
Basım Yeri	- Istanbul University
Konu	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
Tür	Süreli Yayın
Dil	İngilizce
Dijital	Evet
Yazma	Hayır
Kütüphane:	Özyeğin Üniversitesi
Demirbaş Numarası	2651-5377
Kayıt Numarası	6bd65c27-fad0-4eb8-bf36-dce89c35d449
Lokasyon	Law
Tarih	2020
Örnek Metin	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

Kaynağa git Özyeğin Üniversitesi

Aramaya Dön

Özyeğin Üniversitesi

Kaynağa git

Public policy in the enforcement of forein arbitral awards in the light of the judgments of the court of cassation

Yazar Ekşi, Nuray

Basım Tarihi 2020

Basım Yeri - Istanbul University

Konu 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

Tür Süreli Yayın

Dil İngilizce

Dijital Evet

Yazma Hayır

Kütüphane Özyeğin Üniversitesi

Demirbaş Numarası 2651-5377

Kayıt Numarası 6bd65c27-fad0-4eb8-bf36-dce89c35d449

Lokasyon Law

Tarih 2020

Örnek Metin 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