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

55  R. EMERJ, Rio de Janeiro, v. 22, n. 3, p. 9-68, Setembro-Dezembro. 2020  It should therefore be noted in principle that, in cases whe- re a bilateral or multilateral agreement ratified by Turkey is in force, then the provisions of the applicable Convention will ap- ply (art. 1 par. 2 of Turkish Code of Private International and Procedural Law). As regards the 1958 International Convention on New York, it should be noted that it concerns only arbitration judgments originating in Contracting States which deal with dis- putes of commercial law. Although the text of the Convention in principle did not limit its scope to certain categories of disputes, it allowed the contracting States to declare that the Convention would apply only to legal, contractual or non contractual disputes, which are considered by their law commercial (art. 1 par. 3), a statement made by Turkey 215 , as is the case with the largest number of Con- tracting States. Therefore, for any arbitration on a trade dispute arising from a State party to the New York Convention, the pro- visions of the Treaty shall apply. For the international Conventions referred to above, there will be no particular reason in this study, as there is extensive literature, focusing on the present research on the study of the provisions of articles 60 to 63 of Turkish Code of Private Interna- tional and Procedural Law with a comparative reference to cor- responding provisions of the Conventions and references to case law. Articles 60 to 62 refer to the procedure for the enforcement of foreign arbitration judgments, and article 63 refers in turn to the provisions of those articles, stating hereafter that “the recogni- tion of foreign arbitration judgments is subject to the provisions on their execution” 216 . 17.THE “ALIENITY” OF THE ARBITRATION JUDGMENT A key element and starting point for recourse to Turkish Code of Private International and Procedural Law art. 60 et seq. 215 C. ŞANLI, Türkiye’de Yargıtay Kararlarına Göre Yabancı Hakem Kararlarının Tanınması ve Tenfizi, in Μilletlerarası Hukuk ve Milletlerarası Özel Hukuk Bülteni, 1997-1998, pp. 479ss. 216 C. ŞANLI, Türkiye’de Yargıtay Kararlarına Göre Yabancı Hakem Kararlarının Tanınması ve Tenfizi, op. cit., pp. 478ss.