National Arbitration
In Türkiye, the arbitration rules and procedures are regulated under Turkish Code of Civil Procedure numbered 6100 (the "TCCP") and Turkish International Arbitration Law numbered 4686 (the "TIAL"). The legislator prefers to make a distinction between domestic and international arbitration and regulates the domestic arbitration under the TCCP whereas international arbitration is regulated under the TIAL.
Since the TCCP accepts party autonomy in arbitration proceedings, the parties are free to decide the selection procedure of the arbitrators in accordance with the relevant provisions of the TCCP. Failing such agreement, three arbitrators shall be appointed. The parties may generally choose the arbitrators who are most suitable within the context of the dispute. However, there is one exception: if there is more than one arbitrator, one arbitrator must be a lawyer with at least five years' experience in his or her field.
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Pursuant to the TCCP unless otherwise agreed, an award must be granted by the arbitral tribunal within one year. In the event of a sole arbitrator, this one-year period starts on the date of his appointment whereas in the event of an arbitral tribunal, this period starts on the date of the tribunal's first meeting. This timeframe may be extended by agreement of the parties. If the parties cannot reach agreement, the timeframe may be extended by decision of civil court of first instance at the request of a party. The court's decision is final; and if the court dismisses the request for an extension, the arbitration agreement will terminate once the timeframe agreed by the parties or prescribed in law has elapsed.
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By taking into consideration these specific rules and time limits prescribed under the TCCP, Özcan Legal provides qualified legal services to its clients in their national arbitration proceedings. Besides, Özcan Legal also represents its clients in enforcement or annulment proceedings of the arbitral awards rendered in these national arbitration proceedings.
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