Regulation

The Turkish Arbitration Academy released the “Guideline Principles on the Transparency in the Independence and Impartiality of Arbitrators” in November 2025 (available here). The Guideline Principles are intended to complement local legislation and arbitration rules. The drafters, including prominent Turkish academics, judges and practitioners, considered (i) the IBA Guidelines on Conflict of Interest in International Arbitration, (ii) the conflict-of-interest rules of the ICC and (iii) the UNCITRAL Code of Conduct for Arbitrators in International Investment Dispute Resolution. 

Court Decisions

The Turkish Court of Cassation rendered important decisions shaping the arbitration practice. The findings of the Court can be grouped and summarized as the following (all decisions are findable here):

• Intention to arbitrate. In order to conclude a valid arbitration agreement, parties must clearly express their intention to arbitrate, and the arbitration agreement cannot provide for the alternative jurisdiction of state courts (11th Civil Chamber, 3 July 2025, No. 5356/4827). An arbitration agreement including a pre-arbitration mediation obligation is valid (3rd Civil Chamber, 16 January 2026, No. 5452/129)

• Express Authorization for the Signature of the Arbitration Agreement. To have a valid arbitration agreement, the representative signing an arbitration agreement on behalf of an entity must be expressly authorized to do so (11th Civil Chamber, 20 February 2025, No. 228/1098). The law applicable to the capacity of the representative should be determined according to the conflict of law rules of lex fori and (ii) the objection concerning lack of capacity should first be raised in the arbitration, in order for the objection to be considered in enforcement proceedings (11th Civil Chamber, 30 June 2025, No. 6571/4681).

• Arbitrability. An action for the annulment of the objection to debt collection proceedings (a special legal remedy under Turkish enforcement law whereby the creditor initiates debt collection proceedings before the enforcement offices; upon the debtor’s objection, the proceedings are automatically suspended. The creditor may resume debt collection only after successfully obtaining a court decision annulling the objection) is arbitrable under Turkish law (6th Civil Chamber, 20 October 2025, No. 2168/3478). On the other hand, rent adjustment disputes arising from residential and commercial lease agreements are not arbitrable (3rd Civil Chamber, 1 July 2025, No. 1106/3753).

• Subject Matter of Set-Aside Proceedings. Expert reports issued in expert determination proceedings cannot be challenged before state courts as part of set-aside proceedings for arbitral awards (6th Civil Chamber, 27 October 2025, No. 2772/3587). 

• Revision Au Fond. State courts cannot review the merits of arbitral awards in the set-aside proceedings (3rd Civil Chamber, 25 September 2025, No. 3497/4313; 6th Civil Chamber, 27 March 2025, No. 755/1303)

• Jurisdiction of Turkish Courts for Set-Aside Proceedings. In international arbitration proceedings, for Turkish courts to have jurisdiction, the arbitration proceedings must be within the scope of the Turkish International Arbitration Code (“IAC”). For the IAC to be applicable, either (i) the arbitration must be seated in Türkiye and the dispute must involve a foreign element under Art. 2 of the IAC, or (ii) the parties or arbitral tribunal should choose the IAC as the law governing the proceedings (6th Civil Chamber, 30 April 2025, No. 1047/1802). The court of appeal at the respondent’s place of residence/habitual residence/place of business in Türkiye has jurisdiction, failing which the Istanbul Court of Appeal shall have jurisdiction (11th Civil Chamber, 21 October 2025, No. 5807/6398).

• Transmission of the Arbitral Award and Deadline for Filing Set-Aside Proceedings. Under the IAC, the parties must file set-aside proceedings within thirty days from transmission of the arbitral award to the parties. Unless expressly agreed otherwise, the physical notification of the arbitral award triggers the deadline for filing set-aside proceedings (6th Civil Chamber, 21 October 2025, No. 3193/3491).