Turkey: COMPARISON TABLE: ICC, LCIA, ISTAC ARBITRATION RULES

COMPARISON TABLE: ICC, LCIA, ISTAC

The table below compares the arbitration rules from:

Please click here to view "A Complete Guide to the Rules of the Istanbul Arbitration Centre" that accompanies the table below.


INTERNATIONAL CHAMBER OF COMMERCE - PARIS

LONDON COURT OF INTERNATIONAL ARBITRATION

ISTANBUL ARBITRATION CENTRE

Effective Date

January 1, 2012

October 1, 2014

October 26, 2015

Deemed Date of Initiation

Receipt date of request for arbitration by the Secretariat.

(Article 4, Paragraph 2)

Receipt date of request for arbitration by the Registrar.

(Article 1, Paragraph 4)

Receipt date of request for arbitration by the Secretariat.

(Article 7, Paragraph 1)

Time Limit to File a Reply to the Request of Arbitration

30 days as from receipt date of the request for arbitration by respondent.

(Article 5, Paragraph 1)

28 days as from receipt date of the request for arbitration by respondent.

(Article 2, Paragraph 1)

30 days as from receipt date of the request for arbitration by respondent.

(Article 8, Paragraph 1)

Statement of Claim/Case

No statement of claim is submitted as per these rules, since the request for arbitration including nature and circumstances of the dispute is deemed as statement of claim.

(Article 4, Paragraph 3)

Claimant may either submit a separate statement of case consisting of legal grounds, facts and nature of the claim within 28 days as of receipt date of notification of the Arbitral Tribunal's formation by the Registrar, or deliver in writing for treatment of the request for arbitration as the same.

(Article 15, Paragraph 2)

The claimant may submit its statement of claim directly to the Secretariat, instead of a Request for Arbitration.

(Article 7, Paragraph 7)

Statement of Defence

No statement of defence is submitted as per these rules, since the reply to the request for arbitration including respondent's defences is deemed as statement of defence.

(Article 5, Paragraph 1)

Respondent may either submit a separate statement of defence consisting of legal grounds and facts or deliver in writing for treatment of its response as the same, within 28 days as of receipt date of the statement of case or the claimant's statement to treat the request as the statement of case.

(Article 15, Paragraph 3)

If the arbitration is initiated directly by a statement of claim, the respondent may opt to submit a statement of defence or answer to request for arbitration.

(Article 8, Paragraph 7)

Counterclaim

With the answer to the request for arbitration.

(Article 5, Paragraph 5)

With the answer to the request for arbitration and/or statement of defence.

(Article 2 and Article 15)

With the answer to the request for arbitration and/or statement of defence.

(Article 8, Paragraph 8)

Amendments to Claim and Defence

Not provided.

The arbitral tribunal is entitled to allow any party to amend or supplement any claim.

(Article 22, Paragraph 1)

Not provided.

Number of Arbitrators

Sole arbitrator or three arbitrators.

(Article 12)

Unless otherwise agreed in writing, or the LCIA Court deems three arbitrators(exceptionally more than three) appropriate, sole arbitrator

(Article 5, Paragraph 8)

Unless an uneven number of arbitrators is agreed by the parties, the Board is entitled to decide on either a sole arbitrator, or three arbitrators.

(Article 13)

Appointment of Arbitrators

The parties may nominate the arbitrators for confirmation by the Court or the Secretary General. Otherwise, the Court makes the appointment.

In case of three arbitrators, the third arbitrator to act as a president is appointed by the Court, or the parties agree on a different procedure for nomination which is subject to confirmation.

The LCIA Court has the exclusivity in appointment of the arbitrators, by taking into account the agreement and joint nomination of the parties.

(Article 5, Paragraph 7)

Where the parties or a party fail to choose an arbitrator, the Board makes the appointment

In case of formation of an arbitral tribunal, two arbitrators chosen or appointed shall determine the third arbitrator within 15 days, or the Board makes the appointment.

(Article 14)

Nationality of Arbitrators

The sole arbitrator or the president of the arbitral tribunal must be of different nationality than the parties, except for suitable circumstances where the parties do not raise an objection.

(Article 13, Paragraph 5)

The sole arbitrator or the presiding arbitrator must be of different nationality than the parties, where the parties are of different nationalities. Except, the party of different nationality may consent in writing.

(Article 6)

Not provided.

Place of Arbitration

Unless agreed upon by the parties, the ICC Court shall determine the place of arbitration.

(Article 18, Paragraph 1)

Unless agreed upon by the parties before formation of Arbitral Tribunal, or otherwise determined by the Arbitral Tribunal; place of arbitration shall be London, England.

(Article 16, Paragraph 2)

Unless otherwise mutually determined by the parties, place of arbitration shall be Istanbul.

(Article 23, Paragraph 1)

Language of Arbitration

Unless there is an agreement between the parties, the Arbitral Tribunal shall fix the language of arbitration.

(Article 20)

Unless otherwise agreed the language of arbitration agreement shall prevail. In case that it is written more than one language, the LCIA Court shall determine the language of arbitration.

(Article 17, Paragraph 1- 2)

In the absence of an agreement by parties, the Arbitral Tribunal shall fix the language of arbitration.

(Article 24, Paragraph 1)

Applicable Rules of Law

When not determined by parties, the Arbitral Tribunal shall apply the rules of law it deems appropriate to apply to the dispute.

(Article 21)

When not determined by parties, the Arbitral Tribunal shall apply the law deemed appropriate to apply to the dispute.

(Article 22, Paragraph 3)

When not determined by parties, the Arbitral Tribunal shall apply the law deemed appropriate for the dispute.

(Article 25, Paragraph 1)

Terms of Reference

A summary of the claim and issues in dispute and particulars of the procedure is prepared by the Arbitral Tribunal and signed by both parties at the outset of the proceedings.

Issuance of terms of reference is not optional.

(Article 23)

Not provided.

Unless agreed otherwise by the parties, a summary of the claim and issues in dispute and particulars of the procedure is prepared by the Sole Arbitrator or the Arbitral Tribunal and signed by both parties at the outset of the proceedings. Issuance of terms of reference is optional.

(Article 26)

Hearings & Evidence

Subsequent to reviewing written evidence, the Arbitral Tribunal is entitled to hear parties, witnesses, experts or any other person. After having consulted with the parties, it can also appoint experts. Unless a hearing is not requested by one of the parties, the Arbitral Tribunal may also decide solely on documentation.

(Article 25-26)

Unless the parties have agreed upon documents-only arbitration, the Arbitral Tribunal is obliged to hold hearing, and also entitled to hear parties, witnesses, experts or any other person. After having consulted with the parties, it can also appoint experts.

(Article 19-20-21)

Upon request or ex officio, the Sole Arbitrator or Arbitral Tribunal may hear parties, witnesses, experts or any other person. After having consulted with the parties, it may also appoint experts. After having consulted with the parties, the Sole Arbitrator or Arbitral Tribunal may also decide solely on documentation.

(Article 29-30)

Form of the Hearing

Procedural and other hearings may be held via telephone or video conferencing where attendance in person is not essential

(Appendix IV)

Hearings may be held via video or telephone conference or in person, or combination of all three.

(Article 19)

Not provided.

Parties' Failure to Attend Hearings

Although duly summoned, should the parties not appear before the Arbitral Tribunal without any reasonable excuse, the Arbitral Tribunal may proceed with the hearing.

(Article 26, Paragraph 2)

Not provided.

Although duly summoned, should the parties not appear before the Arbitral Tribunal without any reasonable excuse, the Sole Arbitrator or Arbitral Tribunal may proceed with the hearing.

(Article 30, Paragraph 2)

Interim Measures

Unless otherwise agreed by the parties, as soon as the file has been transmitted to the Arbitral Tribunal, it may order any interim or conservatory measure it deems appropriate at the request of a party. The Arbitral Tribunal may require the provision of a security by requesting party.

(Article 28, Paragraph 1)

The Arbitral Tribunal is entitled, by allowing all parties to respond to such application, (i)to to provide security for all or part of the amount in dispute, (ii) order the preservation, storage or disposal of any property under the control of the parties and relating to the subject matter of the arbitration and (iii) on a provisional basis, subject to the final determination in an award grant any relief the Arbitral Tribunal would have the power to grant in an award.

(Article 25)

Unless otherwise agreed by the parties, as soon as the file has been transmitted to the Arbitral Tribunal, it may order any interim measure it deems appropriate at the request of a party. The Arbitral Tribunal may require the provision of a security by requesting party.

(Article 31)

Confidentiality

Upon request, the arbitral Tribunal may make orders and take measures regarding the confidentiality of the arbitration proceedings and protection of trade secrets and confidential information.

(Article 22, Paragraph 3)

As a general principle, the parties undertake to keep all awards and materials of arbitration confidential, save as required by any applicable law.

(Article 30, Paragraph 1)

Unless otherwise agreed by the parties, the arbitration proceedings are confidential. Upon request, the Sole Arbitrator or Arbitral Tribunal may also make orders and take measures regarding the confidentiality of the arbitration and proceedings, and protection of trade secrets and confidential information

(Article 21)

Time Limit for Final Arbitral Award

Within 6 months as of the date of last signature on the Terms of Reference. This time limit may be extended by the Court.

(Article 30)

No time limit is foreseen. The Arbitral Tribunal may also make separate awards on different issues at different times.

(Article 26)

Within 6 months as of notification of approval of the Terms of Reference to the Arbitral Tribunal by the Secretariat. This time limit may be extended by the Court.

(Article 33)

Quorum to Render the Arbitral Award (except for a Sole Arbitrator)

Majority or, in case of failure to constitute the majority; solely by the president of the Arbitral Tribunal.

(Article 31)

Majority or, in case of failure to constitute the majority; solely by the president of the Arbitral Tribunal.

(Article 26, Paragraph 5)

Majority or, in case of failure to constitute the majority; solely by the President of the Arbitral Tribunal.

(Article 34, Paragraph 1)

Correction of Awards

Either ex officio within 30 days following the date of award, or upon request by the parties within 30 days as of their receipt of the award, the Arbitral Tribunal may correct any clerical, computational or typographical errors. In case that the latter occurs, the Arbitral Tribunal is obliged to reply such request within 30 days following the date of application.

(Article 35)

Either ex officio within 28 days as from the date of award, or upon request by the parties within 28 days as of service of the award, the Arbitral Tribunal may correct any -clerical, computational or typographical errors. In case that the latter occurs, the Arbitral Tribunal is obliged to reply such request within 28 days following the date of application.

(Article 27)

Either ex officio within 30 days following the date of award, or upon request by the parties within 30 days as of their receipt of the award, the Arbitral Tribunal may correct any clerical, computational or typographical errors.

(Article 37)

Interpretation of Awards

The parties may also apply for interpretation of the award by the Arbitral Tribunal within 30 days as of their receipt of the award, upon which Arbitral Tribunal grants a time period up to 30 days for receiving the other party's comments.

(Article 35)

Not provided.

The parties may also request interpretation of the award within as of their receipt of the award, upon which the Sole Arbitrator or Arbitral Tribunal grants a time period up to 30 days for receiving the other party's comments.

(Article 37)

Additional Awards

Not provided.

Within 28 days of its receipt of the final award, any party may request for an additional award regarding any claim or cross-claim presented in the arbitration, yet not included in any award.

(Article 27)

Within 30 days of the notification of the award, any parties may request for an additional award regarding any reliefs sought in the arbitration proceeding, yet not included in any award.

(Article 37)

Appeal

Any arbitral award shall be final and binding on parties and the parties shall be deemed to have waived their right to any form of recourse to the extent allowed by law, and take necessary steps to enforce the award without any delay.

(Article 34, Paragraph 6)

Any arbitral award shall be final and binding on parties and the parties shall irrevocably waive their rights to apply for all forms of appeal, review or recourse, to the extent allowed by law.

(Article 26, Paragraph 8)

The award shall be binding on the parties

(Article 36/4)

Advance for Arbitration Costs

It might be requested by the ICC Court. The Secretariat is also entitled to request a provisional advance until the issuance of Terms of Reference.

(Article 36)

The LCIA Court may request the parties, any time subject to its discretion, to deposit one or more payments on account of the arbitration costs.

(Article 24)

The Secretariat is entitled to request a provisional advance. The ISTAC Court fixes the advance on costs in an amount to cover the fees and expenses.

(Article 42)

Costs

The Arbitral Tribunal shall indicate the arbitration costs, responsible party or parties, and their division between parties in the final arbitral award.

(Article 37, Paragraph 4)

The Arbitral Tribunal shall indicate the arbitration costs, liable party or parties, and their division between parties in the arbitral award.

(Article 28, Paragraph 3- 4)

The Arbitral Tribunal shall indicate the arbitration costs, liable party or parties, and their division between parties in the arbitral award.

(Article 41, Paragraph 1)

Tribunal's Fees & Institution's Costs

The arbitration costs shall include the fees and expenses of the arbitrators and the ICC administrative expenses fixed by the ICC Court. Fee tariffs are available in the Appendix III of the Rules.

(Article 34, Paragraph 6)

The arbitration costs shall be determined by the LCIA Court in accordance with the schedule of costs.

(Article 28, Paragraph 1)

The Arbitral Tribunal's fees and the application and administrative fees shall be determined in accordance with the tariff available in the Appendix 3 of the Rules.

(Article 41, Paragraph 2)

Expedited Procedure

Not provided

In the case of exceptional urgency, any party may apply to the LCIA Court for the expedited formation.

(Article 9A - 9C)

If agreed or the amounts in dispute do not exceed TRY 300,000. The parties however can chose to rule out the application of fast track procedure even if the amounts in dispute do not exceed TRY 300,000.

(Article 1, Fast Track Rules)

Please click here to view "A Complete Guide to the Rules of the Istanbul Arbitration Centre" that accompanies the above table.

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Authors
Nilüfer Hotan
 
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