15.02.2019 İstanbul
Speaking at the ICC Turkey Arbitration Day International Arbitration Conference, the Union of Chambers and Commodity Exchanges of Turkey (TOBB) President and ICC Turkey National Committee Chairman M. Rifat Hisarcıklıoğlu, touching on the importance of arbitration, stated that trade and investing are risk-taking, and in the cases disputes, arbitration is an objective, respectable establishment with its rules clearly stated from the beginning, protecting all parties involved.
Organized
in Istanbul through the collaboration of TOBB, International Chamber of
Commerce (ICC) Turkey National Committee and the ICC International Court of
Arbitration, the ICC Turkey Arbitration Day International Arbitration
Conference started off with the speeches of Trade Minister Ruhsar Pekcan, TOBB President
and the ICC Turkey National Committee Chairman M. Rifat Hisarcıklıoğlu and the
International Arbitration Court President Alexis Mourre.
Hisarcıklıoğlu,
in his opening speech, stressed that the ICC is the largest business
organization working to increase trade and investments in the world.
Hisarcıklıoğlu, who reminded me that the ICC was established by a group of entrepreneurs
with the slogan of “traders of peace” in order to eliminate the harm caused to
international trade by the First World War, said that they are at the forefront
to improve peace and prosperity around the world.
Hisarcıklıoğlu
stated that the ICC has represented more than 45 million companies and more
than 1 billion employees in more than 100 countries in 100 years, adding that “1
out of every 3 employees in the world work in ICC member companies. The
100-year-old ICC is the only business organization in the world that operates
in both developed and developing countries and has earned Observer Status at
the United Nations.”
Hisarcıklıoğlu
reminded that the ICC International Arbitration Council was established in
1923, and adding private sector representatives from different countries under its
umbrella, has become a reference institution for increasing trade in the world
and removing barriers to trade.
Hisarcıklıoğlu
stated that ICC has renewed its 21st century mission as, “the
business world working for everyone, every day and everywhere.”
Hisarcıklıoğlu,
pointing out that the establishment and execution of the activities of ICC
Turkey National Committee in Turkey has been entrusted unto TOBB, stated that
the ICC Turkey National Committee operating under the TOBB umbrella since 1934,
has undertaken the role of ICC representative of Turkey, contributing to ICC's
work.
Hisarcıklıoğlu
stated that one of the main areas of activity of the ICC is to establish globally
accepted business rules and eliminate contradictory applications between
countries, “Technical commissions of the ICC are active in a myriad of fields.
These commissions aim to establish business rules and practices in
international trade. With the aim of contributing to the international work of
the Turkish business world, our committee has been carrying out its activities
successfully in ICC commissions. Of great interest for the business world, the
international standard guidelines, INCOTERMS, which clearly state the rights
and obligations of exporters and importers in international trade, will be
renewed in 2020. Renewal work carried out by the ICC Commercial Law and
Practice Commission on Incoterms 2020 will be made available to our country’s
business community by ICC Turkey, as well as providing the necessary training
in this regard.”
- “Arbitration is a very important matter
for us”
Pointing
out that arbitration is a very important matter for the business world,
Hisarcıklıoğlu said, “Trade and investment means taking risks. When you do it in
another country, this risk grows even larger. This is because in each country,
the legislation is different and there are different applications. It is not
possible for investors to know all of them.
This
also reduces the appetite for trade and investment. In the cases disputes, arbitration
is an objective, respectable establishment with its rules clearly stated from
the beginning, protecting all parties involved. Therefore, arbitration has now
become one of the must-have conditions for doing business.”
Hisarcıklıoğlu
emphasized the fact that the International Arbitration Court established in
1923 as ICC’s arbitration body is the world's leading solution provider to international
commercial and labor disputes, “Most of the arbitration bodies are local or
regional in scope, while the ICC Arbitration Court is fully international. The Council,
which consists of members from more than 90 countries on each continent, is
also the most widely represented arbitration body in the world. In 2018, 842
different arbitration cases were received from 135 countries at the
International Court of Arbitration. 62 of them were from Turkey. ICC
arbitration’s flexibility, the translation of the rules in many languages,
renewing itself constantly and adapting to the developments of the era are at
the core of the success of Council.
- Minister of Trade Ruhsar Pekcan
Minister
of Trade Ruhsar Pekcan, stated that she considers the conference, which brings
together experts, lawyers, academicians and representatives of the private
sector, who are interested in different branches of the global economy, to be very
important and beneficial.
Stating
that Turkey, with a population 82 million and median age of 31 years, is
Europe’s most dynamic economy, said, “Turkey's economy is at its highest level of
openness to the global economy in the history of the Republic. When the ratio
of foreign trade volume to national income is announced in March, we will see
this together. Turkey is integrated into the global economy now more than ever.
As Turkey's economy is open to the international economy, so are the of the
Turkish people and the Turkish entrepreneurial business culture. Turkish
business world is quite practical and flexible; Turkish companies have great capacity
to do business on a global scale.
Today
we have exports to almost every country in the world. Turkish firms are
investors in approximately 120 countries and contracting firms have had successful
projects in 123 different countries. To date, projects with a combined volume
of 380 billion USD have been realized. Our service exports reached to 47.8
billion USD, and our exports of goods reached 168.1 billion USD.”
Minister
Pekcan stated that it is fair to point out that a serious infrastructure in
e-commerce has formed in regards to the transition to a digital economy, “We
can comfortably say that we have fundamental infrastructure for new and
transformative fields such as blockchain and big data analysis. Business and
investment environment in Turkey is host to innovative fields of the global
economy and is suitable to thrive in this direction.”
Pekcan
stated that there have been legislative developments to further the arbitration
infrastructure in Turkey in recent years, with the mediation system, which
entered into force as of January 1st, 2019, being one of them.
Stating
that commercial mediation in disputes arising from receivables has come to the
fore as a crucial component, Pekcan expressed that she believes it will
contribute greatly to the spread of alternative dispute resolution in Turkey.
Indicating
that, with TOBB and ICC leading them, private sector institutions are actively
progressing in the development of alternative means of dispute resolution in
Turkey, Pekcan noted that they would also continue to provide support in this
regard.
- ICC International Arbitration Court
President Mourre
ICC
International Arbitration Court President Alexis Mourre stated that the ICC is
the largest and most successful arbitration organization in the world,
attractive to parties as an institution.
Mourre
explained that ICC, an impartial organization, is a global institution providing
services in 25 languages. Mourre also gave information about the new studies
and practices of ICC during his address. Stating that they are against
protectionism, Mourre said, “We are an advocate of open trade. Turkey is
extremely important market for us.”
The
conference, attended by specialized referees, legal counsels of public and
private sectors, Chambers and Commodity Exchanges, members of the Supreme Court
of Appeals, judges, lawyers and academicians; focused on issues relating to the
general characteristics and current developments of ICC Arbitration, perspectives
of users on arbitration as an effective dispute resolution, the role of the
judiciary in the current arbitration environment in Turkey and method of
evidence in international arbitration.