International arbitration
became the major and most effective means of investment dispute settlement as a
result of foreign direct investment’s widespread and strong demands for
confidence. In this period, ICSID mechanism became the main institution for the
dispute settlement between States and foreign investors. The recognition and
enforcement mechanism may be cited as one of the most distinctive and important
regulation of ICSID Convention.
Turkey signed a number of
bilateral investment treaties after 1980 and ICSID Convention in 1987. However,
Turkey made a series of notification in the ratification instrument relating
jurisdiction of the Centre and dispute settlement procedure between Contracting
States on the interpretation and application of the Convention.
This article aims at
giving preliminary and prominent knowledge on the place and force of ICSID
Convention in Turkish law and the execution of ICSID arbitral awards in Turkey.
In this context, the present article is focusing firstly on the force of
Turkeys’ notifications and reservation during the ratification of ICSID
Convention; secondly the article discusses the jurisdiction of the Centre with
regard to investment disputes whose one party being Turkey and finally the
article describes the recognition procedure of ICSID arbitral awards in Turkey
and enforcement in Turkey of an ICSID Arbitration Tribunal award against an
investor, Turkey and a 3rd Contracting State.
Keywords: FDI, BIT, Turkey; ICSID
Keywords: FDI, BIT, Turkey; ICSID
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