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Publication: Validity of Arbitration Agreements and Capacity under the New York Convention

Kodiak Law & IP

Aug 3, 2020

Melis Sılacı Korkmaz's book Validity of Arbitration Agreements and Capacity under the New York Convention has been published

Arbitral awards must be recognized or enforced in order to become effective in a foreign country. Under Turkish law, recognition and enforcement of arbitral awards are regulated under the International Private and Procedural Law and New York Convention. Pursuant to Article 90 of the Consitution, in cases which fall within the scope of New York Convention, the enforcement must be requested as per New York Convention.

 

Both under the International Private and Procedural Law and New York Convention, the prerequisite for recognition and enforcement of foreign arbitral awards is the existence of a valid arbitration agreement between parties. Existence of a valid arbitration agreement is the fundemental element of arbitration. A valid arbitration agreement, upon will of parties, removes the jurisdiction of the state courts, which is the default dispute resolution method, and enables a special and exceptional jursidiction, that is arbitration. Therefore the arbitration agreement constitutes the basis of the authority of arbitrators and the sine qua non condition of arbitration.

 

This study aims to examine how the relevant ground for refusal of enforcement, namely the invalidity of arbitration agreement and the incapacity of parties, should be interpreted. In this context, the main characteristics of arbitration agreement will be explained and the validity of the arbitration agreement, the intention to arbitrate, the arbitrability of dispute, written form requirement and capacity and authorization of parties will be examined.


You can download the Turkish version of the book from


MSK-tahkim-anlasmasinin-gecerliligi-ehliyet- kitap
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