An Assessment Of The Turkish Arbitration Academy’s Guidelines On Transparency In Ensuring The Independence And Impartiality Of Arbitrators In Arbitration

1. Introduction

The Turkish Arbitration Academy (“TTA”) was established within the framework of the “Arbitration Academy Cooperation Protocol” signed on 5 April 2021 between the Secretariat of the Presidency of the Republic of Türkiye, Ibn Haldun University, and Istanbul Ticaret University. The “Guidelines on Transparency in Ensuring the Independence and Impartiality of Arbitrators” prepared under the umbrella of TTA (“TTA Guidelines”), were signed by Istanbul Arbitration Centre (“ISTAC”), Istanbul Chamber of Commerce Arbitration and Mediation Center (“İTOTAM”), Union of Chambers and Commodity Exchanges of Türkiye (“TOBB”), and Energy Disputes Arbitration Center (“EDAC”) at a ceremony held at the Istanbul Finance Center and were published on 7 November 2025 (TTA Guidelines, pp. 1–8).

The TTA Guidelines are intended to clarify the manner in which the existing legal framework governing the independence and impartiality of arbitrators in arbitration proceedings should be interpreted and applied in practice and, in particular, to establish a guiding framework with respect to transparency and the arbitrators’ duty of disclosure.

2. Legal Framework and Nature

In the preparation of the TTA Guidelines, reference has been made to certain instruments widely used in international arbitration practice. These include, in particular, the IBA Guidelines on Conflicts of Interest in International Arbitration (2024) (“IBA Guidelines”), the UNCITRAL Code of Conduct for Arbitrators (2023), as well as the ICC Rules and established standards in practice (TTA Guidelines, pp. 5–8).

Under Turkish law, the principal provisions governing the independence and impartiality of arbitrators are set out in Article 417 of the Code of Civil Procedure No. 6100 (“CCP”) and Article 7 of the International Arbitration Law No. 4686 (“IAL”). Pursuant to these provisions, an arbitrator is under an obligation, prior to accepting the appointment, to disclose any circumstances likely to give rise to doubts as to his or her independence or impartiality. Furthermore, should such circumstances arise at a later stage, the arbitrator is required to disclose them to the parties without delay.

In this respect, the TTA Guidelines provide a guiding framework as to the manner in which the aforementioned statutory provisions are to be interpreted and applied. Although the TTA Guidelines are not binding in nature, they are intended to establish a guiding standard for arbitrators, prospective arbitrators, tribunal secretaries and arbitral institutions.

In proceedings administered by arbitration centres that have adopted the TTA Guidelines, the parties may agree that the TTA Guidelines shall not apply (TTA Guidelines, Article 1). The TTA Guidelines have become part of the rules of the arbitration centres that have adopted them and we are of the view that they are applicable unless otherwise agreed by the parties.

3. Scope and Application of the Guidelines

Article 1 of the TTA Guidelines regulates their scope of application. Accordingly, unless otherwise agreed, the TTA Guidelines apply to arbitrators and prospective arbitrators acting in arbitration proceedings, including commercial and investment arbitration. In addition, tribunal secretaries, as well as administrative secretaries and assistants working with arbitrators, are also considered to fall within the scope. In this respect, the fact that the TTA Guidelines extend not only to arbitrators but also to other individuals involved in the arbitral proceedings is one of the distinctive features of the TTA Guidelines.

It is also important to briefly discuss how the TTA Guidelines can be applied in conjunction with other rules. In our view, the TTA Guidelines do not replace the IBA Guidelines; rather, the two sets of guidelines should be used together. This is because the IBA Guidelines, which directly regulate the subject matter, have been adopted as a source within the TTA Guidelines. In fact, the Preface to the TTA Guidelines states that they are not intended to replace legislation and institutional rules, but rather to complement them. In matters not addressed by the TTA Guidelines, the IBA Guidelines apply, unless the parties agree otherwise. For instance, an arbitrator is not obliged to disclose circumstances not covered by the TTA Guidelines but included in the Green List under the IBA Guidelines. Accordingly, when interpreted and applied together, the TTA Guidelines and the IBA Guidelines provide a consistent and comprehensive framework for assessing the independence and impartiality of arbitrators in Turkish arbitration practice. From a theoretical perspective, if the two sets of guidelines conflict, the parties' specific preference regarding this conflict should prevail; otherwise, the TTA Guidelines should apply.

4. Principle of Independence and Impartiality

Pursuant to Article 2 of the TTA Guidelines, arbitrators shall be independent of and impartial towards the parties and shall maintain these qualities throughout the arbitral proceedings. Where any circumstance arises that may give rise to doubts as to the arbitrator’s independence or impartiality, such circumstances must be disclosed to the parties promptly and completely¹.

In assessing independence and impartiality, the applicable standard is whether, from the perspective of a reasonable third person, there are justifiable doubts as to the arbitrator’s impartiality and independence². This approach is also consistent with the objective standard adopted in international arbitration practice³ (see, for instance, the “reasonable third person test” as reflected in the IBA Guidelines on Conflicts of Interest in International Arbitration). Indeed, international arbitration doctrine also recognises that, in assessing an arbitrator’s impartiality and independence, the decisive consideration is not merely the subjective perception of the parties to the dispute, but whether a reasonable third person, faced with the same facts, would have justifiable doubts⁴. Therefore, the decisive consideration under the “impartiality and independence test” is whether justifiable doubts would arise in the mind of a reasonable third person. In this context, while an arbitrator’s impartiality and independence are subject to an objective assessment, with regard to the arbitrator’s duty of disclosure, the arbitrator is expected to disclose any circumstances which they consider to be of such a nature as to give rise to justifiable doubts, in the eyes of the parties, as to their independence or impartiality⁵.

5. Challenge of Arbitrators

Pursuant to Article 4 of the TTA Guidelines, an arbitrator may be challenged where circumstances exist that may give rise to reasonable doubts as to the arbitrator’s independence⁶. The applicable standard in this respect is whether, from the perspective of a reasonable third person, there are objectively justifiable doubts. This approach establishes a standard consistent with international arbitration practice.

6. Duty of Disclosure

Article 3 of the TTA Guidelines governs the arbitrators’ duty of disclosure. Accordingly, prior to accepting the appointment, arbitrators are required, in their declaration of independence and impartiality, to disclose any circumstances which, from the perspective of a reasonable third person, may give rise to doubts as to their independence or impartiality. This obligation extends not only to existing circumstances but also to any new circumstances that may arise during the arbitral proceedings. In other words, the duty of disclosure constitutes a continuing obligation throughout the arbitration.

Article 3 of the TTA Guidelines also imposes obligations on the parties. Where a party becomes aware of any circumstance that may give rise to a conflict of interest, they are required to disclose such circumstance without delay. In this respect, what is decisive is not the emergence of the circumstance itself, but the point in time at which the party becomes aware of it.

In accordance with Article 3.1 of the TTA Guidelines, the parties may request further written explanations or information from the arbitrator within one week of the arbitrator disclosing a circumstance that gives rise to doubts as to their impartiality or independence. Based on such disclosure, the parties may raise objections to the appointment of the arbitrator. However, the TTA Guidelines do not provide for an explicit time limit for the exercise of such objections upon the parties becoming aware of a relevant circumstance. By contrast, under the IBA Guidelines on Conflicts of Interest in International Arbitration, parties are required to raise any such objections within 30 days from the date on which they become aware of the relevant facts, whether through disclosure by the arbitrator or otherwise. In this respect, the relevant provisions of the arbitration rules applicable to the proceedings should be taken into consideration.

Article 3.5 of the TTA Guidelines also includes certain illustrative examples of situations that might give rise to reasonable doubt, intended to assist arbitrators and the parties in their assessment. These include, for example, situations where a company with which the arbitrator is affiliated or in which the arbitrator is a partner currently represents one of the parties, provides advisory services to one of the parties, or has provided such services within the past three years, is involved in proceedings against one of the parties, or where the arbitrator serves as a director, board member, employee or in another position for one of the parties. However, such examples are not exhaustive and serve only as guidance in practice.

7. Compliance with the TTA Guidelines

The TTA Guidelines impose certain standards of conduct on arbitrators and other participants in arbitral proceedings. These standards of conduct constitute one of the principal areas in which ethical principles apply in arbitral proceedings. Indeed, impartiality and independence become relevant from the moment an arbitrator is appointed and must be maintained throughout the proceedings. Under Article 6 of the TTA Guidelines, arbitrators and prospective arbitrators are required to act in accordance with the guidelines. A prospective arbitrator must comply with the duty of disclosure and where he or she considers that compliance with the TTA Guidelines cannot be ensured, must refrain from accepting the appointment. Where already appointed, the arbitrator must decline the appointment or withdraw from the proceedings.

8. Assessment and Conclusion

The TTA Guidelines constitute an important soft law instrument, which clarifies the existing statutory framework governing the independence and impartiality of arbitrators in Turkish arbitration practice, and provides practical guidance for its application. In particular, it is observed that, with respect to transparency and the duty of disclosure, the TTA Guidelines adopt an approach aligned with international arbitration practice.

Overall, the publication of the TTA Guidelines may be regarded as a significant development that reinforces the alignment of arbitration practice in Türkiye with international standards and enhances transparency in arbitral proceedings.

The TTA Guidelines, particularly when considered together with the IBA Guidelines on Conflicts of Interest in International Arbitration and their combined scope of application, provide a coherent and comprehensive framework for assessing arbitrator independence and impartiality in Turkish arbitration practice.

References

Akıncı Ziya, Milletlerarası Tahkim, Vedat Kitapçılık, İstanbul (Altıncı Baskı), 2021.

Balkar Bozkurt Süheyla, Milletlerarası Ticari Tahkimde Hakemlerin Bağımsızlık Yükümlülüğü, On İki Levha, İstanbul (Birinci Baskı), 2016.

Karaca Akif, “Milletlerarası Tahkimde Hakemin Reddi Sebebi Olarak Hakemin Tarafsızlığını ve Bağımsızlığını Ortadan Kaldıran Haller”, Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştırmaları Dergisi. 2015; 21(1).

Redfern Alan/ Hunter Martin/ Blackaby Nigel/ Partasides Constantine, Law and Practice of International Commercial Arbitration, London (Fourth Edition), Sweet & Maxwell 2004.

International Bar Association (IBA), Guidelines on Conflicts of Interest in International Arbitration, 25 Mayıs 2024.

Turkish Arbitration Academy (TTA), Guidelines on Transparency in Ensuring the Independence and Impartiality of Arbitrators, 7 November 2025.

Footnotes

^{1 TTA Guidelines, Article 2 and 3; IBA Guidelines; Ziya Akıncı, Milletlerarası Tahkim, Vedat Kitapçılık, İstanbul (Altıncı Baskı), 2021, p. 266-267; Alan Redfern/Martin Hunter/Nigel Blackaby/Constantine Partasides, Law and Practice of International Commercial Arbitration, London (Fourth Edition), Sweet & Maxwell 2004, p. 204, Para. 4-61; Süheyla Balkar Bozkurt, Milletlerarası Ticari Tahkimde Hakemlerin Bağımsızlık Yükümlülüğü, On İki Levha, İstanbul (Birinci Baskı), 2016, p. 142.}

^{2 TTA Guidelines, Article 2, 3 and 4. Akif Karaca, “Milletlerarası Tahkimde Hakemin Reddi Sebebi Olarak Hakemin Tarafsızlığını ve Bağımsızlığını Ortadan Kaldıran Haller”, Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştırmaları Dergisi. 2015; 21(1), p. 213-214.}

^{3  IBA Guidelines; Karaca, p. 214; Balkar Bozkurt, p. 244 et seq.}

^{4 Balkar Bozkurt, p. 165-170; Karaca, p. 213-214.}

^{5  Redfern/ Hunter/ Blackaby/ Partasides, s. 204, Para. 4-61, 4-62; Balkar Bozkurt, p. 264-267; Karaca, p. 209 et seq.}

^{6 Balkar Bozkurt, p. 284 et seq.; Akıncı, p. 267-268; Redfern/Hunter/Blackaby/Partasides, p. 207, Para. 4-68; Karaca, p. 213-215.}

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.