The Legal Framework for Arbitration

General Information

  • UNCITRAL Model-Law based: Yes.

  • Legal Provisions: Turkey separates its law between international and domestic arbitrations.

    • International Arbitration: Arbitration Law No. 4686 of 21 June 2001, as amended;

    • Domestic Arbitration: Turkish Civil Procedure Law No. 6100 (CPL No. 6100) of 1 October 2011.

Arbitral Institutions

  • Istanbul Chamber of Commerce Arbitration and Mediation Center (ITOTAM)

  • Istanbul Arbitration Center (ISTAC)

  • Arbitration Council of the Union of Chambers and Commodity Exchanges in Turkey (TOBB)

Multilateral Conventions

  • New York Convention: Yes (ratification/accession: 2 July 1992); reservations: In accordance with the Article I, paragraph 3 of the Convention, the Republic of Turkey declares that it will apply the Convention on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another contracting State. It further declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

  • European Convention: Yes (ratification/accession: 24 January 1992); reservations: none.  

  • ICSID Convention: Yes (ratification/accession: 3 March 1989).

  • Energy Charter Treaty: Yes (ratification/accession: 13 February 2001).    

 

Last updated February 2019