Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
International Arbitration
8.
The tribunal
8.1
How is the tribunal appointed?
 
Turkey
Since the TCIA considers party autonomy in arbitration proceedings, parties may choose whom their arbitrators will be and they are free to decide the number of the arbitrators on the condition that this number must be odd. Failing such agreement, three arbitrators shall be appointed.

Unless otherwise agreed by the parties, the appointment must be done according to some principles required by the relevant article:

  • Only real persons can be appointed as arbitrators.
  • If a sole arbitrator will be appointed and the parties cannot reach an agreement on the arbitrator, the arbitrator shall be appointed by the civil court of first instance upon the request of a party.
  • If three arbitrators will be appointed, each party shall appoint its own arbitrator and these two arbitrators appoint a third arbitrator. In case a party fails to appoint its arbitrator within 30 days upon the service of the appointment notice from the other party or arbitrators chosen by the parties fail to appoint the third arbitrator within thirty days of their appointment; the arbitrator shall be appointed by the civil court of first instance upon the request of a party.

While analysing the request of the party, the court of first instance considers the principles of independency and impartiality of arbitrator and chooses an arbitrator having different nationality than the parties in case of appointment of the sole arbitrator and also if three arbitrators will be appointed, the court chooses two of the arbitrators having different nationality than the parties.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
8.2
Are there any requirements as to the number or qualification of arbitrators in your jurisdiction?
 
Turkey
Please see the answer 24 regarding the number of the arbitrators.

There is not a restriction regarding the qualifications of an arbitrator under TCIA. Therefore, arbitrators do not need to be lawyers or pursue a career related to law. There is also no restriction regarding the nationality of the arbitrators. Therefore, foreigners may be appointed as arbitrator in the arbitrations subject to TCIA. In addition, as mentioned above; unless otherwise agreed by the parties, only real persons shall be arbitrators.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
8.3
Can an arbitrator be challenged in your jurisdiction? If so, on what basis? Are there any restrictions on the challenge of an arbitrator?
 
Turkey
There are three main bases that an arbitrator may be challenged as per art. 7 of TCIA. If:

  • the arbitrator does not have the qualifications agreed by the parties;
  • there is a reason to challenge as per the arbitration procedure agreed by the parties
  • there is a reasonable suspicion that the arbitrator is impartial.

The parties may agree the procedure in order to challenge of the arbitrator. Failing such agreement, the procedure regulated under art. 7 shall be applied.

As per TCIA art. 7, the challenge shall be filed within 30 days of starting from the appointment of the arbitrators or realizing the situation may give ground to challenge.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
8.4
If a challenge is successful, how is the arbitrator replaced?
 
Turkey
The rules of the appointment of the arbitrator can apply to replacement of arbitrator in the event of a challenge is successful as per art. 7/G of TCIA.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
8.5
What duties are imposed on arbitrators? Are these all imposed by legislation?
 
Turkey
The main duty of the arbitrator is to conduct arbitration proceedings and while performing his/her duty, an arbitrator shall be impartial and equally treat the parties. This duty is regulated detailed under TCIA. As well as impartiality, even if these are not broadly regulated under TCIA, it should be accepted that the arbitrator has duty to render an award in a reasonable time and based on applicable law and also an arbitrator should also take into consider to render a decision which will be enforceable.

For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
8.6
What powers does an arbitrator have in relation to: (a) procedure, including evidence; (b) interim relief; (c) parties which do not comply with its orders; (d) issuing partial final awards; (e) the remedies it can grant in a final award and (f) interest?
 
Turkey
  1. procedure, including evidence? As per art. 11 of the TCIA, the arbitrator may decide to hold oral hearings.

    As per art. 12 of TCIA, the arbitrator may decide to

    • appoint an expert regarding the issues determined by the arbitrator
    • require parties to make necessary explanations to the expert and provide relevant information and documents
    • rule on inspection of goods or other property.
  • interim relief?

    As per art. 6 of TCIA, arbitral tribunal is competent to order interim measure during arbitration proceedings upon request of one of the parties.

  • parties which do not comply with its orders?

    There is not an explicit provision regulating a sanction in case any of the parties does not comply with its orders.

  • issuing partial final awards?

    Unless otherwise agreed, the arbitral tribunal may grant partial awards as per art. 14 of TCIA.

  • the remedies it can grant in a final award?

    There is not an explicit provision regulating or limiting the scope of the remedies in a final award.

  • interest?

    There is not an explicit provision regulating the interest. Parties may decide the interest applied to the subject matter of the dispute.

  • For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
    8.7
    How may a tribunal seated in your jurisdiction proceed if a party does not participate in the arbitration?
     
    Turkey
    In that case, tribunal seated proceed depends on the which party (claimant or respondent) does not participate and whether there is a valid reason to not to participate.

    If the claimant fails to well-timed communicate his statement of claim, the arbitral tribunal will terminate the proceedings whilst If the respondent fails, the tribunal will continue the proceedings. However, the continuation does not mean that acceptance of the claimant’s allegations.

    The statement of claim has to be proper to the Article 10(D). If it is not, the arbitral tribunal will state a period to reclaim. Within this period, if the statement cannot be reclaimed the proceedings will be terminated by the tribunal.

    If any party fails on attending hearing or producing evidence without a valid reason, the tribunal can maintain the proceedings and also can grant an award according to available evidences.

    For more information about this answer please contact: Levent Çelepçi from Schoenherr Attorneys at Law
    8.8
    Are arbitrators immune from liability?
     
    Turkey
    Unless otherwise agreed, the arbitrators are liable to compensate any damages arising from the failure to perform his/her duties without a valid reason as per art. 7/E of TCIA. In addition, since the relationship between the parties and the arbitrator is a contractual relationship; arbitrators are under the duties arising from the Code of Obligations also.

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