Comparative Guides
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Results: 4 Answers
International Arbitration
7.
Consolidation and third parties
7.1
Does the law in your jurisdiction permit consolidation of separate arbitrations into a single arbitration proceeding? Are there any conditions which apply to consolidation?
 
Turkey
Consolidation of separate arbitrations is not regulated under TCIA. However, it is possible to say that if both parties give consent for the consolidation, the arbitral tribunal may decide to consolidate separate arbitrations. In addition, if parties choose the application of the rules of İstanbul Arbitration Center or ICC ; it is possible to consolidate separate arbitrations.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
7.2
Does the law in your jurisdiction permit the joinder of additional parties to an arbitration which has already commenced?
 
Turkey
TCIA does not govern the joinder of the additional parties of the arbitration. However, if both parties give consent for the joinder of additional party, it is possible that the arbitral tribunal permits the joinder of additional parties. Moreover, if parties designate that the rules of ICC shall be applicable to the arbitration procedure, then it is possible to join an arbitration as per the requirements setup by ICC.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
7.3
Does an arbitration agreement bind assignees or other third parties?
 
Turkey
An arbitration agreement only binds the parties of the arbitration agreement. Therefore, non-signatories or third parties can not be bound by the arbitration agreement. In addition, interim measures or provisional seizures binding third parties also can not be rendered by the arbitral tribunal. However, in general it is recognized that a third party may be bind by arbitration in case the assignment of claim, transfer of the agreement and succession. In such case, third party’s explicit will should also be analysed.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law