An award rendered in London, Paris or Geneva against a Turkish party is often enforced where the assets are, and that means before a Turkish court. Two instruments govern the file: the 1958 New York Convention and, for awards outside its reach, the Turkish Code on Private International and Procedural Law (MÖHUK). Both ask for translations, and both ask for more than the award alone. This page covers what is translated and who may certify it; whether an award meets the conditions for enforcement is for the lawyer.
Türkiye and the Convention
Türkiye acceded to the Convention on 2 July 1992. It made both declarations that Article I(3) allows: it applies the Convention on the basis of reciprocity, only to awards made in the territory of another Contracting State, and only to differences arising out of legal relationships, contractual or not, that are considered commercial under Turkish law (Law No. 3731, Article 2). These declarations define scope. They leave the translation rule untouched, and the Convention permits no reservation on it.
Two documents, not one
Article IV(1) requires the party applying for recognition and enforcement to supply the duly authenticated original award or a duly certified copy of it, and the original arbitration agreement referred to in Article II or a duly certified copy. The arbitration agreement includes an arbitration clause in the main contract, so that clause travels with the award. Translating the award alone does not meet Article IV(2).
Article IV(2): the language and the certifier
If the award or the agreement is not in an official language of the country where the award is relied upon, the applicant must produce a translation into that language; before a Turkish court, that is Turkish. The translation shall be certified by an official or sworn translator or by a diplomatic or consular agent. Notaries do not appear in that list. Within Türkiye, the procedure that legislation provides for certifying a translation officially is the notarial translation act of Notaries Law Article 103, performed by a translator sworn at the notary’s office.
Awards outside the Convention
An award outside Türkiye’s declarations, for example one made in a State that is not a party, is enforced under MÖHUK Articles 60 to 63. Article 61(1) asks for the arbitration agreement or clause, in the original or a duly certified copy; the award, final and enforceable or binding on the parties, in the original or a duly certified copy; and translated and duly certified copies of both. Copies are filed for each opposing party, and recognition follows the same rules (Article 63).
Where the petition is filed
Under MÖHUK Article 60(2), enforcement is sought from the civil court of first instance the parties agreed in writing; failing that, from the court of the domicile of the party against whom the award was made, then of the place of residence, and then of the place where the assets subject to enforcement are located. Article III of the Convention adds that awards within its scope shall not face substantially more onerous conditions or higher court fees than domestic awards.
If the seat is in Türkiye
An award from an international arbitration seated in Türkiye under the International Arbitration Law (Law No. 4686) is not a foreign award. The language of such proceedings is chosen by the parties or, failing that, by the tribunal, and the tribunal may order documents to be submitted with translations into that language (Article 10(C)). Once an annulment action has been rejected with final effect, or the time limit for it has passed, the civil court issues a certificate that the award is enforceable (Article 15(B)).
What we translate
Acte Tercüme translates foreign awards, any separate opinions attached to them and the contracts that contain the arbitration clause into Turkish, and Turkish awards into English or French for use abroad. The reasoning, the operative part and the decision on costs are translated in full, not summarised.