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  66 8) if the arbitration judgment concerns an issue that was not included in the contract or the arbitration clause or if it exceeded the conditions specified in the contract or clause and only in that part. This case concerns decisions which the arbitral Tribunal has decided on matters which were not included in the contract or arbitration clause. Exceeding the jurisdiction to rule on the dis- pute provided under the Arbitration Agreement is generally a breach of the obligations under that agreement. As such, was the choice of the foreign arbitral Tribunal to apply to the dispute in addition to the agreed law and provisions of the law of a third country which, in the opinion of the Court, was appropriate in view of the dispute; 9)if the arbitration judgment has not become enforceable or binding under either the law of which it was subject or the law of the State in which it was issued or the arbitration rules applied or annulled by the competent authority of the State in which it was issued. The last case referred to in article 62 concerns the assistance of the elements of final judgment and enforceability or the binding nature of the arbitration judgment. Such infor- mation shall suffice either in accordance with the law to which it was subject or under the law of the State in which it was issued or in accordance with the arbitration rules applied. If, therefore, there is finality and enforceability or binding of the decision in accordance with one of the alternatively mentioned laws, this is sufficient to reject the defendant’s plea 257 . For the rest, regarding the content of final judgment and enforceability apply what has already been mentioned above. In accordance with this provision, an appeal may also be lodged as a plea, annulment or revocation of the arbitration judg- ment by a competent foreign body, since after its disappearance it is logical that it no longer has legal effects and therefore can not be enforced in Turkey 258 . 257 T. ANSAY, Yabancı Hakem Kararlarının Tanınması ve Tenfizine ilişkin New York Antkaşması ve Yeni Türk Devletler Özel Hukuku Kanunu, Tahkim Haftası, op. cit., pp. 135ss. 258 E. NOMER, Devletler Hususi Hukuku, op. cit., pp. 529ss.