Türkiye'de her geçen gün daha da ilgi kazanan ve özellikle İstanbul, Ankara, İzmir Ticaret Odaları ve yeni kurulan İstanbul Tahkim Merkezi tarafından yürütülen kurumsal tahkime bir bakış.
A Snapshot of Institutional Arbitration in Turkey
by Abdülkadir Güzeloğlu
8 February 2016
In today’s ever expanding world of international arbitration, it is known
that parties who desire to have their arbitration process administered by a
specialized body, can select an arbitration institution and include it within
their arbitration clause.
Considering numerous advantages of institutional arbitration including
implementing pre-established arbitration rules, opportunity to appoint
competent arbitrators from a list, benefit from the assistance provided by an
institution, have the award scrutinized and probably the most important one to save
time and money; collectively make institutional arbitration an important and
appealing dispute resolution vehicle.
Therefore, it would be accurate to assert that for a country which aspires
to sustain its promising economic development, establishing and preserving a
trustworthy and proficient arbitration institution in order to augment security
of economic skies holds a crucial place.
Being Europe’s 6th largest economy, institutional arbitration reflects a
considerably positive outlook in Turkey as being mostly driven by the numerous
Chambers of Commerce of industrialized and the most populated three cities such
as Istanbul, Ankara and İzmir. Among them, Istanbul Chamber of Commerce
Arbitration Institution (ITOTAM), with its 36 years of history and revised
internal instruments pursuant to new Code of Civil Procedure of 2011 and
amended arbitration rules in 2015 still holds pole position. Then, capital
city, Ankara, hosts two bodies, Turkish Union of Chambers and Commodity
Exchanges Court of Arbitration (TOBB Tahkimi) and the Ankara Chamber of
Commerce Arbitration Institution. Lastly, the İzmir Chamber of Commerce
Arbitration Institution is situated in Aegean city of İzmir.(IZTO)
However, quite contrary to one’s expectation that these establishments must
have been dealing with a heavy workload since they are located in an advanced
emerging market, an academic research of 2010 draws an unpleasant picture.
According to that, between 2005 and 2010, TOBB and ITOTAM received 6 and 57
applications, respectively. Additionally, it is stated that annual workload of
IZTO arbitration secretariat does not exceed three cases.
In 2009, Turkish government published Strategy and Action Plan for Istanbul
International Financial Center. Regarding arbitration, latter envisaged establishment
of the Istanbul Arbitration Center, (ISTAC). Indeed, on 20.11.2014, Law No:6570
constituted the ISTAC. Pursuant to aforesaid plan’s timetable and relevant
law’s framework, ISTAC formed its General Assembly and devised modern
Arbitration Rules along with Mediation Rules in 2015 and became operative.
Although this newborn center has a number of well established players like
DIAC, ICC, LCIA or CRCICA as rivals, it is certain that following year will
witness revitalization of Turkish institutional arbitration practice by ISTAC.
Should you have any further comments, inquiries and questions on Turkish
arbitration practice and institutions along with the ISTAC, do not hesitate to
contact us at info@guzeloglu.legal