Revista da EMERJ - V. 22 - N.3 - Setembro/Dezembro - 2020

 R. EMERJ, Rio de Janeiro, v. 22, n. 3, p. 9-68, Setembro-Dezembro. 2020  54 The importance of the recognition of foreign arbitration judgments has also been shown by the fact that they were re- cognized and applied in Turkey even before 1982, although art. 532 of the old Turkish Code of Civil Procedure did not mention anything about them 210 . It is even mentioned in the bibliography that between 1927 and 1949 the case law accepted the applica- tion of arbitration judgments which related to all the disputes from a contract as a performance of contractual obligations of the parties and after 1949 and until 1982 the case law of the Turkish Court of Cassation applied to them proportionate provisions on the recognition and enforcement of foreign judgments 211 . However, apart from Turkish Code of Private Internatio- nal and Procedural Law provision, there are many other relevant legislation in Turkish law on recognition and enforcement of fo- reign arbitration judgments, Of course, the 1958 International Convention “on the recognition and enforcement of foreign ar- bitral judgments” 212 is in dominant position 213 , while Turkey has also signed and ratified other multilateral conventions such as the 1965 International Convention on Settlement of Investment Disputes-”ICSID”, the 1988 Multinational Investment Agency Agreement-”MIGA”, while there is also a series of bilateral con- ventions which establish arbitration for differences between fo- reign investors and the Turkish State 214 . 210 A. ÇELIKEL, Milletlerarası Özel Hukuku, Beta Kitabevi, op. cit., pp. 652ss. 211 As regards the provisions governing the arbitration procedure in Turkey, the provisions of 407 to 444 of the new Turkish Code of Civil Procedure apply in principle, and arbitration’s with a foreign element (also referred to by the term “international arbitration’s”), the most important piece of legislation is Law n. 4686/2001 on International Arbitration (Milletlerarası Tahkim Kanunu), which entered into force on 05.07.2001 and which was mainly based on the standard UNCITRAL law on International Commercial Arbitration and the 1987 Swiss private international law, and there is, of course, a significant number of multilateral or bilateral conventions on arbitration issues, most notably the European Convention on In- ternational Commercial Arbitration’s of 1961. See in argument: N. EKŞİ, General Evaluation of the Turkish International Arbitration Act, in International Arbitration Law Review, 2005, pp. 88ss. 212 Which has been ratified by the Turkish National Assembly and entered into force on 30.9.1992 and has already been ratified by Greece under L.D 4220/1961 . 213 Turkey is a party to the 1961 European Convention on International Commercial Arbitration (“Geneva Con- vention”) and the 1958 NewYork Convention, which was ratified on 2 July 1992 and entered into force on 30 Sep- tember 1992. Turkey also ratifiedmany bilateral andmultilateral treaties and conventions, such as the Convention on Settlement of Investment Disputes between States andNationals of Other States (“ICSIDConvention”), which entered into force in 1989 and the Energy Charter Treaty and Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects (PEEREA), which was published in the Official Gazette in year 2000. 214 Z. AKINCI, Arbitration law of Turkey practice and procedure, Juris Publishing, 2011.