International Conference on Eurasian Economies

17-18 September 2013 – St. Petersburg, RUSSIA

Paper detail

Paper ID : 805
Status : Paper published
Language : Turkish
Topic : Law
Presenter: Prof. Dr. Mustafa Topaloğlu
Session : 2D Uluslararası Hukuk

Effects of Public Policy on Arbitration
Tahkimde Kamu Düzenin Etkisi

• Prof. Dr. Mustafa Topaloğlu (Özyeğin University, Türkiye)

Abstract

Public policy is a ambiguous concept. Public policy can be defined as a set of rules which protecting the essential structure of society and its interests. Under New York Convention dated 1958, an arbitration verdict which breaching of public policy in the executing country can’t be executed. Same provision valid under Turkish Act Related International Private Law and Procedure Law. An arbitration verdict can’t be subject to appeal directly. But, it can be sued for annulment before court of first instance. The public policy is stipulated as a ground of annulment in the Turkish International Arbitration Act. New Turkish Civil Procedure Act accepted same solution about domestic arbitration. In this paper was tried to define the public policy concept and examined point of view of legal rules questioned above.

JEL codes: K33

Topaloğlu, Mustafa (2013). "Effects of Public Policy on Arbitration" in Proceedings of International Conference of Eurasian Economies 2013, pp.890-893, St. Petersburg, RUSSIA.

DOI: https://doi.org/10.36880/C04.00805

Full paper in PDF format.

Session 2D: Uluslararası Hukuk