KILIÇ & Partners International Law Firm advises Turkish and foreign companies in domestic and international arbitration proceedings within various areas of law and diverse industries across jurisdictions. We represent leading companies, primarily active in the financial and industrial sectors in all forms of arbitration including, institutional arbitration administrated by ICC, ICSID, UNCITRAL, AAA, LCIA, WIPO, as well as ad hoc arbitration. We provide the legal support required at every stage of arbitration, starting from initial negotiations, up to and including full judicial proceedings.
We consult on and assist with the formulation of the arbitration model and relevant conditions to secure a truly effective and enforceable arbitration agreement. Our Arbitration team represents companies in sensitive, complex and high value international disputes irrespective of your industry.
Arbitration has become a popular trend in resolving international commercial disputes, i.e. disputes with international element, particularly in the areas of construction, maritime and general commercial deals.
Arbitration is rarely used for the settlement of domestic disputes, where the subject matter of the dispute does not involve significant value, due to the high costs of arbitration procedures. Litigation is much more preferred in such cases.
Advantages of arbitration:
Time efficiency, an arbitral award on the merits of the case must normally be granted within one year from the date of either the appointment of the arbitrator, or publication of the minutes of the first meeting of the arbitral
Possibility to choose a language of the proceedings, which allows foreign parties to participate in the proceedings more actively
The Expertise of the arbitrator in the specific business sector
Arbitration in Turkey
Both domestic and international arbitration in Turkey are based on the UNCITRAL Model Law on International Commercial Arbitration 1985 (the “UNCITRAL Model Arbitration Law”).
Law No. 6100 on Civil Procedure dated 4 February 2011( “Code on Civil Procedure”) contains rules that apply to domestic disputes, i.e. those that have:
no foreign element; and
agreed Turkey as the place of arbitration.
The only specific act regulating international arbitration proceedings in Turkey is Law No. 4686 on International Arbitration dated 5 July 2001 (“International Arbitration Code”), which applies to disputes:
with a foreign element, and where Turkey is the agreed place of arbitration; or
where the parties, arbitrator or arbitral tribunal have agreed that the the International Arbitration Code will apply.
Turkey is a party to the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “New York Convention”). Arbitral awards granted in the territory of a foreign country, a party to the New York Convention, will be enforceable in Turkey following specific procedures with the Turkish local courts.
There are two main arbitration organisations that are commonly resorted to in Turkey in case of commercial arbitration:
Turkiye Odalar ve Borsalar Birligi (Union of Chambers and Commodity Exchanges of Turkey)
Istanbul Ticaret Odasi (Istanbul Chamber of Commerce)
There is also a draft law on the establishment of a specific arbitration centre in Istanbul, which may be ratified by the end of 2014.
KILIÇ & Partners Law Firm Turkey, provide the most cost effective solution to every company faced with a commercial dispute. Our team is reputable for efficient case management, as well as strategic and success oriented advice and course of actions in tackling various disputes. We handle commercial disputes with complex legal issues in a range of areas, including but not limited to antitrust & competition, banking & finance, construction and engineering, franchising, environment, contentious insolvency, healthcare, property rights, taxation, and telecommunications.
For more Information on Arbitration & Commercial Litigation, please consult a member of our International Legal Team