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Article V(1)(e) of the 1958 New York Convention in Light of a Decision of the Turkish Court of Cassation
Posted on behalf of Erdem Küçüker, an attorney-at-law registered at the Istanbul Bar Association and a private law LL.M student at Koç University. Mr. Küçüker specializes in commercial arbitration, arbitration-related litigation and commercial litigation, and acts as secretary to arbitral tribunals.
Article V of the 1958 New York Convention (“NYC”) lists the grounds of non-enforcement of a foreign arbitral award. Accordingly, Article V(1)(e) provides that when “[t]he award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made” the award’s enforcement may be refused.
In 2024, the Turkish Court of Cassation quashed the lower courts’ decision that declared an International Centre for Dispute Resolution of the American Arbitration Association (“ICDR”) award as enforceable, stating that the courts should have further investigated whether the award is final, enforceable and binding (Court of Cassation, 11th Civil Chamber, Docket No: E. 2022/5986, Decision No: K. 2024/2257, Date: 20.03.2024). This article explains the decision of the Turkish Court of Cassation and comments on the final, enforceable and binding character of an arbitral award in relation to Article V(1)(e) of the NYC. Read more
Online Symposium on Recent Developments in African PIL (I) – Recognition and Enforcement of International Judgments in Nigeria
As previously announced, we are launching the second online symposium on recent developments in African private international law. As part of this symposium, a series of blog posts addressing various aspects of recent developments in African private international law will be published on this platform over the coming days.
We open the series with a blog post by Abubakri Yekini (Senior Lecturer in Law at the University of Manchester) and Chukwuma Samuel Adesina Okoli (Assistant Professor in Commercial Conflict of Laws at the University of Birmingham and Senior Research Associate at the Centre for Private International Law in Emerging Countries at the University of Johannesburg), focusing on the recognition and enforcement of international judgments in Nigeria.
Online Symposium on Recent Developments in African Private International Law
It is not uncommon for African and foreign scholars of private international law (PIL) to lament the current state of the field in Africa. Until the early years of the 21st century, PIL was widely regarded, often with little hesitation, as ‘a neglected and highly underdeveloped subject in Africa’.[i] Professor Forsyth famously described it as a ‘Cinderella subject, seldom studied and little understood’.[ii] This limited scholarly attention is reflected, for instance, in the treatment of African PIL in the Hague Academy courses, which include only 4 courses specifically devoted to PIL in Africa, the most recent of which dates back to 1993.[iii] Since then, a number of pleas for greater attention to PIL in Africa,[iv] as well as calls for enhanced cooperation with African countries to ensure better involvement and inclusiveness,[v] have been voiced.[vi] Read more
News
ZEuP – Zeitschrift für Europäisches Privatrecht 2/2026
A new issue of ZEuP – Zeitschrift für Europäisches Privatrecht is now available and includes contributions on EU private law, comparative law and legal history, legal unification, private international law, and individual European private law regimes. The full table of content can be accessed here: https://rsw.beck.de/zeitschriften/zeup.
Perspectives contentieuses internationales (PCI), Volume 5
The following announcement was kindly shared with us by Fabienne Jault-Seseke
It is a special issue devoted to a dossier entitled “The Exploitation of Natural Resources in the Face of the Energy Transition,” prepared under the direction of RebeccaLegendre and Denys-Sacha Robin. It provides an opportunity to reflect on the transformations that the extractive sector as a whole is facing as a result of sustainable development policies, as well as on the multiple disputes likely to arise from the difficult reconciliation of competing considerations. Read more
Revue critique de droit international privé – Issue 2026/1
Written by Hadrien Pauchard (assistant researcher and doctoral student at Sciences Po Law School)
The first issue of the Revue Critique de droit international privé of 2026 has just come off the press and is available online. It contains three articles, nine case notes, and eight book reviews. In line with the Revue Critique’s recent policy, the doctrinal part will soon be made available in English on the editor’s website (for registered users and institutions).
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