14.04.2014 Ankara
Speaking at the ICC Arbitration Seminar, TOBB and ICC Turkey National Committee President and ICC Board Member M. Rifat Hisarcıklıoğlu, emphasizing that the arbitration mechanism is as important as the legislative and judicial mechanism, said, “Unfortunately, arbitration is far from where we want it to be in Turkey.”
International Chamber of Commerce (ICC) XI International Arbitration
Seminar was held in Ankara TOBB Union Center hosted by the ICC Turkey National
Committee, hosted by TOBB. Attending the seminar were TOBB and ICC Turkey
National Committee President and ICC Board Member M. Rifat Hisarcıklıoğlu,
Minister of Justice Bekir Bozdağ and ICC Arbitration Council President John
Beechey.
Stating that ICC has become a referential source for arbitration
globally, Hisarcıklıoğlu said that, as the Turkish private sector’s leader, he
himself has been a member of the committee since 2012.
Drawing attention to the need for Turkish companies to benefit more from
ICC’s international arbitration, Hisarcıklıoğlu said, “Turkish companies’ need
for an independent and impartial international arbitration mechanism like the
ICC is growing exponentially.”
Reporting that as TOBB and ICC Turkey, they working to develop arbitration
in not just Turkey but in the region as a whole, Hisarcıklıoğlu called to mind
the Jerusalem Arbitration Center established by them last year to provide
arbitration to the conflicts between Israeli and Palestinian businessmen.
Stating that it is within Turkey’s grasp to become the arbitration
center of its region, Hisarcıklıoğlu went on:
“We have everything that we need. Our legal norms, developed impartially
at the center of Central Asia, the Middle East, Eastern Europe and Africa;
diversity of our trade; openness to other cultures, values and mentalities puts
us a step ahead of other countries. If we are able to take advantage of this
potential, there is nothing preventing our country from becoming a preferred
center for arbitration.”
Emphasizing that arbitration is an important tool for the solution to
many issues domestically in addition to international matters, Hisarcıklıoğlu
stated that despite many advances to the legislative structure in recent years,
the judicial system is still weighed down under a great burden.
Stating that even disputes for such low figures as 50,000 – 100,000 TRY
can last for years in the judicial procedures, Hisarcıklıoğlu said that these
can be brought to a resolution by arbitration and settlements.
Pointing out that despite not taking part in these procedures, courts
demand verdict payments, Hisarcıklıoğlu suggested to Minister of Justice Bekir
Bozdağ that these payments be waived.
ICC Arbitration Council President John Beechey reported that following
the events in 2008, the arbitration structure has suffered damage, with 500
cases last year; the figure is expected to decrease this year as well. He went
on to state that many arbitration decisions are followed through after the
cases are resolved and that it is evident that arbitration decisions are of a
high quality.