TURKEY Law and Practice Contributed by: Selim Can Bilgin, Tolga Bayrak, H. Orhun Atalay and Arda Ömer Kasap, Kabine Law Office
8.2 Rules of Evidence As explained in 8.1 Collection and Submission of Evi- dence , there are no strict rules regarding the types, admissibility or weighing of evidence submitted during arbitral proceedings. Both the parties and the tribu - nal enjoy a wide range of flexibility compared to the rigid domestic civil procedure rules provided under the CCP. However, respecting the principle of party autonomy, parties may still agree to apply the strict Turkish civil procedure evidentiary rules by concluding an eviden - tiary agreement. Through such an agreement, they can specifically determine what types of evidence will be acceptable or required for their particular dispute. 8.3 Powers of Compulsion Under Turkish law, court intervention is in general only possible under limited circumstances as underlined in Article 3 of the IAL. While the tribunal may seek court assistance for evidence collection, applications for other matters, such as interim measures or arbitra - tor challenges, are exclusively available to the parties. There are no provisions under the applicable law that grant arbitral tribunals any direct coercive powers to compel the production of documents or force the attendance of witnesses. For production of docu - ments, where a party fails to comply voluntarily with an evidentiary order, the tribunal may draw appropri - ate adverse inferences, where justified, but it cannot enforce its orders through compulsory measures or seek court assistance. The position is less clear with respect to witness attendance. Neither the IAL nor the CCP expressly regulates whether an arbitral tribunal may seek the assistance of the state courts to com - pel a witness to appear. There is no publicly available Court of Cassation decision on the issue, and the mat - ter remains debated in Turkish legal doctrine.
the general rules on legal representation under the Attorneyship Law No. 1136, under which only lawyers admitted and registered to practise law in Türkiye may act as legal representatives. 8. Evidence 8.1 Collection and Submission of Evidence Under Turkish law, the general approach to the collec - tion and submission of evidence is flexible. The rigid rules of evidence and strict weighing mechanisms applicable in Turkish domestic court litigation do not apply in arbitration. Pursuant to Article 10 (D) of the IAL, parties submit their evidence along with their pleadings. According to Article 12, the arbitral tribunal is authorised to fix time limits for the submission of such evidence. There is no restrictive statutory framework dictating the types of evidence allowed. Typical forms include documentary evidence, written witness statements, expert reports, and site inspections if necessary. Broad discovery, as perceived under common-law jurisdictions, is generally not available under Turkish law. In practice, parties usually opt to include a docu - ment production phase to receive evidence from the opposing party. In practice, parties frequently agree to adopt the IBA Rules on the Taking of Evidence in International Arbitration, or tribunals will proactively use them as guiding principles to manage the eviden - tiary process. The arbitral tribunal enjoys full discretion to determine the admissibility, relevance, materiality and weight of all evidence presented. The tribunal may decide to hold hearings, for example to examine witnesses and experts. The tribunal has the statutory authority to appoint its own experts and order the preservation of evidence. Furthermore, the IAL allows the tribunal, or the par - ties with the tribunal’s explicit approval, to seek the assistance of courts for the collection of evidence.
9. Confidentiality 9.1 Extent of Confidentiality
Neither the IAL nor the CCP expressly regulates the confidentiality of arbitral proceedings. Instead, con - fidentiality derives primarily from the parties’ agree - ment and the applicable institutional arbitration rules.
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