Newsletter-21

191 ARBITRATION LAW with 157 contracting states. 4 As a very successful international in- strument, it is quite probable that the enforcement of an arbitral award would be conducted pursuant to the New York Convention. Under the New York Convention, the grounds for refusal of rec- ognition and enforcement are set forth under Art. 5. The grounds that may give rise to enforcement concerns based on a limited document production may vary depending on the specifics of each case; how- ever, amongst these grounds, two of them stand as the usual suspects: Art. 5/1(b), which sets forth that the party against whom the award is invoked was unable to present his case may challenge enforcement, and Art. 5/2(b), pertaining to contrariety to the public policy of the country in which enforcement is sought. When it comes to public policy concerns, public policy is in- terpreted as “international public policy,” and it is not accepted that challenges to an arbitral award would be successful if the award fails to conform simply to a domestic law requirement. Accordingly, this concept is confined to the violation of truly fundamental concepts of the legal order of the country concerned. 5 In line with this require- ment, it would be safe to say that the right to due process would be considered within the scope of international public policy. As per set-aside proceedings, most national laws provide that arbitral awards may be subject to set-aside proceedings at the arbitral seat. It should be noted that a limited document production might give rise to set-aside proceedings, as well. The set-aside regime depends on the legislation of the seat of arbitration. As far as Turkish law is concerned, the grounds to set-aside are set forth under International Arbitration Law numbered 4686. It should be emphasized that the reasons to set-aside are similar to the grounds giving rise to refusal of recognition and enforcement of an arbitral award under the New York Convention. Therefore, our explanations, above, concerning the 4 Recently, Angola is in the process of ratification of the New York Convention. Source: http://www.newyorkconvention.org/news/angola+accedes+to+the+new +york+convention. 5 Nigel Blackaby, Constantine Partasides, et al., Redfern and Hunter on Inter- national Arbitration, 6th edition (Kluwer Law International; Oxford University Press 2015), §10.85, §10.87 (“Redfern and Hunter on International Arbitration”).