ABSTRACT
The international carriage of goods involves more than one country; in other words, more than one national jurisdiction. That is why, on most contracts of international carriage of goods, applicable law along with arbitration or competent court clause is stipulated.
During the conclusion of the international carriage of goods agreement, the parties, most of the time, do not take into consideration the possibility of the termination of the contract due to the repudiation or frustration. In such case, the conflict between the parties may be transformed to litigation. Therefore, the arbitration or competent court clause along with applicable law would find an application area.
After obtaining the decision of the court or panel; the enforcement stage would start. As a foreign judgment or an arbitration award is involved, at first a recognition and/or enforcement judgment from the national court should be obtained.
Therefore, the aim of this part is to examine in detail the recognition and enforcement of foreign judgments and arbitration awards under Turkish law. To this end, at first national jurisdiction, including Supreme Court’s decision, on the recognition and enforcement of foreign judgments and arbitration awards would be explained. Subsequently the conditions on the recognition and enforcement would be analysed in detail under different chapters. The last part would be allocated to the recognition and enforcement of the foreign judgments and arbitration awards on contracts of international carriage with special emphasize on Tribunal of First Instance and Supreme Court approach.
