Enforcement of foreign arbitral awards subject to progressive court fees
On April 4 2012, the 19th Chamber of the Court of Appeals ruled that the enforcement of a foreign arbitral award was subject to progressive court fees, since the award related to the collection of debt.
The plaintiff had requested the enforcement of a 2008 foreign award rendered by the Korean Commercial Arbitration Board, claiming that the award was finalised. The defendant requested that the case be dismissed on the grounds that:
- another court of first instance was competent to hear the case;
- the award was unenforceable, as the defendant’s right to be heard in the arbitral proceedings had been breached; and
- the arbitral award was not finalised…
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Briefings from Cerrahoglu
Seda Akipek and Müjdem Aksoy of Cerrahoglu examine the implications of changes to Turkey’s commercial code that allow for electronic company meetings.O
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