Enforceability of Annulled Arbitral Awards

Respect for party autonomy, efficiency and finality of result, and international comity are the most fundamental tenets of international commercial arbitration. In the context of international arbitration awards that have been set aside (“annulled awards”), these tenets are in tension, and this tension has led to significant disagreement between courts and academics as to how to treat annulled awards. Continue reading

Turkish Court of Cassation in Spotlight: The Court Renders the Arbitration Agreement Invalid Due to the Uncertainty in the Language

19th Chamber of Turkish Court of Cassation (“the Court”), in its decision dated 29.05.2012 and numbered 2012/9080, held that a clear and conclusive language in the arbitration agreement is a sine qua non for the validity thereof. The invalidated arbitration clause stated that “[Parties] may refer the dispute to the institution in writing for the resolution.” (emphasis added)

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