Amendments have been made in Turkey to the principles for
determining the necessary experience for insurance arbitrators, as
well as introducing new requirements for the insurance arbitration
system. The Regulation Amending the Regulation on Insurance
Arbitration ("Amendment Regulation") was
published in Official Gazette number 29598 on 19 January 2016,
entering into effect on the same date.
Significant changes introduced by the Amendment Regulation
Experience required for insurance
arbitrators will be evaluated on a case-by-case basis.
Whether an applicant holds at least
five years' experience in insurance law or at least ten
years' in insurance will be evaluated by taking into
consideration the quality and quantity of the applicant's work
during such periods.
The experience condition will not be
met unless the period is uninterrupted.
Whether a task qualifies in terms of
the experience conditions will depends on the task being directly
linked to insurance technique. Working in an insurance-related
institution alone is not sufficient.
A list will be kept of people who are
prohibited from acting as insurance arbitrators.
The Undersecretariat of the Treasury
can swap insurance arbitrators between the life-insurance and
non-life insurance areas, taking into account the number and type
Principles are determined for an
impartiality undertaking which must be given by arbitrators.
Once an insurance file is classified
as life-insurance or non-life insurance (based on its subject), an
arbitrator will be selected from the general list in turn.
Arbitrators' areas of expertise are taken into account for the
order of the selection.
If specific or technical information
is necessary, arbitrators have discretion to obtain expert
opinions, either ex officio or upon request by the parties.
If the parties to an insurance
dispute are represented by an attorney, the attorney fee is equal
to 20% of the attorney fee stipulated under the Minimum
Attorneyship Fee Tariff for disputed conducted before court of
The Insurance Arbitration Committee
must make arbitrator decisions available to any interested
Please see this link for full text of the Amendment
Regulation (only available in Turkish).
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
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This case focused on two insurance polices that were issued in relation to the project for the development of the site known as Pender Place and Mercury House in St. Julians, Malta.
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