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

59  R. EMERJ, Rio de Janeiro, v. 22, n. 3, p. 9-68, Setembro-Dezembro. 2020  gards foreign arbitration. On the contrary, art. 44 of the abroga- ted Turkish Code of Private International and Procedural Law of 1982 stipulated that the judge must determine whether there is a bilateral agreement on the mutual recognition and enforcement of arbitration judgments, or whether there is legal or de facto re- ciprocity with the State of origin of the arbitration judgment. This condition was correctly omitted in the new Code as the concept of reciprocity is inconsistent with the institution of arbitration 228 . The Court of First Instance is also a competent Court for the declaration of enforceability of the arbitration judgment. With re- gard to local jurisdiction, the parties are in principle given the option of choosing the city to which the Court will be seized. If there is no such agreement, the choice of the local Court is the choice of the arbitrator, as provided for in hierarchical order: the place of his domicile or habitual residence, and in the absence thereof the place where his property is located for which enfor- ceability may be sought 229 . 19. (FOLLOWS) CONTENT OF THE APPLICATION AND PROCEDURE In line with articles 52 and 53, the content of the application to the Court of First Instance to execute the foreign arbitration judgment is defined in article 61 230 . The application is therefore filed together with as many copies as the number of defendants of the application 231 together with a) the original or a certified copy of the arbitration agreement or of the document containing the arbitration clause; b) the original or a certified copy of the decision; c) a translation and certified true copies thereof under a) and b) documents. For the rest, the provisions of articles 55 (on 228 A. ÇELIKEL , Milletlerarası Özel Hukuku, op. cit., pp. 669ss. 229 A. ÇELIKEL , Milletlerarası Özel Hukuku, op. cit., pp. 667ss. 230 Which distinction would become relevant in some cases where the party is not always identified with the defendant, such as, for example, in a decision against a joint venture, the res judicata of which extends also to the partnership members. 231 In so far as the recognition and enforcement of arbitration judgments are subject to the special procedu- re for simplified procedural rules (basit yargılama usulü hükümleri), Turkish Code of Private International and Procedural Law: articles 61 and 55 par. 1 must all be regarded as inadmissible by the applicant together with the submission of the application to the Court of First Instance, A. ÇELIKEL , Milletlerarası Özel Hukuku, op. cit., pp. 668ss.