Violation of the right to present one's case in international arbitration

Violation of the right to present one's case during international arbitration proceedings constitutes a ground for which enforcement of the arbitral award may be refused as well as a ground for annulling an award under international conventions and national laws. The defence of a violation of the right to present one's case enjoys a high popularity rating amongst the grounds for refusal of enforcement of an arbitral award asserted by the party against whom the award is invoked. It is also one of the most popular grounds for annulment of an award. An arbitral award is rendered at the end of a costly arbitral process and after long hours spent by arbitrators and the parties. Refusal of enforcement or annulment of an arbitral award, which is the product of such a process, by national courts is a severe sanction. Therefore, it is important to determine the circumstances under which an alleged violation of the right to present one's case may cause such a sanction in respect of the arbitral award. In this study, the scope of the right to present one's case in international arbitration and the results of its violation are examined through detailed examination of the related provisions of the New York and European Conventions and Turkish Codes.