The Turkish International Arbitration Law of 2001
("TIAL"), which is based on UNCITRAL Model Law of 1985,
is applicable to international arbitrations. Considering the
configuration stage of arbitration rules, parties can benefit from
the extensive liberty provided by TIAL. Indeed, pursuant to the
latter, parties can: deviate from all prescribed provisions of TIAL
but those which relate to interim measures, arbitrability,
adherence to equality of the parties and their right to be heard in
an adversarial proceeding; request an extension to the arbitration
term before the competent court; and TIAL's scope of
application and the procedure to be followed when a claim subject
to arbitration is brought before a national court.
Pursuant to TIAL, commencement of arbitration proceedings and
the arbitration period represent two different concepts on which
parties may consent on specific dates, respectively. Otherwise,
TIAL states that the latter encompasses a one-year period; if there
is a sole arbitrator, starting from latter's date of
appointment; or if there exists more than one arbitrator, beginning
from the date of production of the first minutes of meeting. As per
the former, TIAL codifies that arbitration proceedings commence on
the dates of the following events, depending on the parties'
agreement; firstly, in the absence of any specific indication,
application to the competent court or to the individual or
institution that is empowered by the parties to appoint
arbitrator(s); secondly, communication of claimant's
appointment of its own arbitrator to the respondent, where parties
are together responsible for appointing the arbitrator(s); and
lastly, communication of request for arbitration to the respondent
where the arbitration agreement specifies the names of the
TIAL stipulates that parties must submit the relevant evidence
within the timeframe determined by the arbitrator. However, in
principle, parties may agree otherwise. If such is absent, after
commencement of arbitration, the arbitrators and the parties may
agree on rules of taking evidence, preferably by considering
prominent sets of rules like the IBA Rules on the Taking of
Evidence in International Arbitration. Also, during the course of
proceedings, the arbitral tribunal may decide to appoint an expert
or an expert committee.
Although TIAL does not specifically stipulate a provision
concerning the confidentiality of arbitration proceedings, the
concept of confidentiality is recognized in practice and parties
may achieve confidential proceedings through agreed arbitration
rules that include confidentiality. For example, Article 21 of the
Rules of Arbitration of Istanbul Arbitration Center
("ISTAC") states that unless otherwise agreed,
arbitration proceedings are confidential and upon request of a
party or parties, the arbitral tribunal may take appropriate
measures in order to maintain confidentiality and protect the trade
secrets of any party.
Where a place in Turkey is selected to be the seat of
arbitration, the arbitral tribunal or the sole arbitrator may
convene in another place, provided an earlier notice is made to the
parties in case of any logistical or practical concerns that could
potentially hinder conducting an effective arbitration. It should
be noted that this flexibility is often found in modern governing
rules of arbitration.
This article first appeared in the second Edition of Global
Legal Insights–International Arbitration; published by
Global Legal Group Ltd, London.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
In a judgment harking back to the principles in Donoghue v Stevenson, the Court of Appeal has upheld the High Court's decision that the manufacturer of a defective product installed to prevent fire was not liable...
A year-long arbitration pilot scheme to provide a cost-effective, straightforward and quick method of solving legal disputes between claimants and participating members of the press commenced on the 26th July 2016.
Welcome to the Summer edition of Scots Law In Practice. The first three cases contain a common thread – the pursuer in each had a valid claim on the face of things, but in each one, faced legal difficulties in obtaining a remedy.
Each year businesses around the world face a growing number of risks that could potentially jeopardize hundreds of billions of euros.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).