TURKEY Law and Practice Contributed by: Selim Can Bilgin, Tolga Bayrak, H. Orhun Atalay and Arda Ömer Kasap, Kabine Law Office
the opposing party or third parties may suffer if the interim measure is subsequently found to have been unjustified. The court may dispense with this require - ment where the application is supported by an official document or other conclusive evidence, or where the circumstances otherwise justify such an exception.
time limit on its own, and in such cases, any exten - sion must be granted by the court upon application by one of the parties. 7.3 Powers and Duties of Arbitrators The IAL grants arbitral tribunals broad powers to con - duct the arbitration while imposing certain duties to ensure the fairness and integrity of the proceedings. Subject to the parties’ agreement and the mandatory provisions of the IAL, the tribunal has the authority to determine the procedure applicable to the arbitration, rule on its own jurisdiction, decide on the admissibil - ity and relevance of evidence, appoint experts where appropriate, and order interim measures. At the same time, arbitrators are under certain statuto - ry duties. They must remain independent and impartial throughout the proceedings. They are also required to treat the parties equally, ensure that each party has a full opportunity to present its case, conduct the pro - ceedings in accordance with the parties’ agreement or, failing such agreement, the IAL, and render the award within the applicable time limit. 7.4 Legal Representatives The IAL expressly provides that parties may be rep - resented in arbitral proceedings by foreign natural or legal persons. Accordingly, legal representatives appearing in an international arbitration seated in Tür - kiye are not required to be admitted to the practice of law in Türkiye, and foreign lawyers (or other foreign representatives) may act on behalf of the parties dur - ing the arbitral proceedings. That said, familiarity with Turkish arbitration law and practice is often important. In addition, certain matters connected with the arbitration, such as applications for the appointment or challenge of arbitrators, interim relief or the enforcement of awards, as well as setting- aside procedures, may require recourse to the Turk - ish courts. Representation before the Turkish courts is subject to Turkish law and requires representation by a lawyer qualified and registered to practise law in Türkiye. No equivalent provision exists under the CCP. Con - sequently, domestic arbitrations remain subject to
7. Procedure 7.1 Governing Rules
The IAL recognises the parties’ procedural autonomy. Pursuant to Article 8, the parties are free, subject to the mandatory provisions of the IAL, to determine the procedural rules applicable to the arbitration or to do so by reference to a national law or to international or institutional arbitration rules. In the absence of such an agreement, the arbitral tribunal conducts the pro - ceedings in accordance with the provisions of the IAL. The principal procedural framework is set out in Arti - cles 8 to 14 of the IAL, which govern matters includ - ing the commencement of arbitral proceedings, the time limit for rendering the award, the language of the arbitration, the submission of statements of claim and defence, the evidence collection, the tribunal’s decision-making process, the termination of the pro - ceedings, and the correction, interpretation and com - pletion of awards. 7.2 Procedural Steps The procedural provisions of the IAL are largely based on the principle of party autonomy. Accordingly, most of the procedural rules set out in Articles 8 to 14 apply only in the absence of a contrary agreement between the parties. Certain provisions, however, regulate fun - damental principles of due process and are manda - tory. These include the following: • Equal treatment and the right to be heard ( Article 8 / B ): The parties must be afforded equal rights and powers throughout the proceedings, and each party must be given a full opportunity to present its case. • Extension of the arbitration period ( Article 10 / B ): The parties may agree to extend the statutory arbi - tration period. Failing such agreement, however, the arbitral tribunal has no authority to extend the
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