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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
Choice of Law in the American Courts in 2025
The thirty-ninth annual survey on choice of law in the American courts is now available on SSRN. The survey covers significant cases decided in 2025 on choice of law, party autonomy, extraterritoriality, international human rights, foreign sovereign immunity, adjudicative jurisdiction, and the recognition and enforcement of foreign judgments.
The cases discussed in this year’s survey address (among other things) the situs of cryptocurrency, exploding batteries in e-cigarettes, the sale of an antique military tank, the validity of an Urfi marriage ceremony, whether the Hague Service Convention prohibits email service on defendants in China, the enforcement of a Philippine forfeiture judgment, and claims of expropriation by German authorities during the Soviet occupation after World War II.
This annual survey was admirably maintained by Symeon Symeonides for three decades. The present authors are pleased to have extended this tradition.
Publication and Webinar: ELI Report on the EU Parenthood Proposal
Yesterday, the Project Report of the ELI Project “Enhancing Child Protection: Private International Law on Filiation and the European Commission’s Proposal COM/2022/695 final”
It contains constructive amendments to the original Commission’s Parenthood Proposal and intends to bring it more in line with the acquis and general considerations of EU PIL. Furthermore, it puts the best interest of the child in the focus of the analysis.
Recent Publication: Towards Universal Parenthood in Europe
The recently published book Towards Universal Parenthood in Europe (Editoriale Scientifica, 2025), edited by Laura Carpaneto, Francesca Maoli, and Ilaria Queirolo, offers a timely and rigorous contribution to European private international law and family law scholarship.
This volume follows the convention reported at this blog here and likewise presents the results of the UniPAR – Towards Universal Parenthood in Europe project, an EU-co-funded research initiative that addresses some of the most complex legal challenges in cross-border parenthood. Bringing together expert authors from different universities across European Union, the book combines theoretical frameworks with practical insights into how parenthood is recognised and regulated across different Member States. Covering six EU jurisdictions (Spain, Belgium, Italy, Bulgaria, Croatia and Poland) the book provides comprehensive national reports and comparative analyses on key issues of jurisdiction, applicable law, adoption, recognition of decisions and birth certificates and judicial cooperation in parenthood matters. The contents are available here.
This scholarly work advances the debate on the need for coherence in legal frameworks governing parentage and family relationships in European Union, especially in contexts involving cross-border mobility, assisted reproductive technologies and the recognition of family statuses across Member States. The final conclusions and recommendations serve both academic and policy audiences, offering structured reflections on legislative gaps and potential paths towards harmonised rules in EU private international law.This is an essential resource that deepens understanding of the legal implications of cross-border parenthood and strengthens the foundation for future legislative reform in European Union.