27.09.2019 İzmir
Attending Izmir Chamber of Commerce meeting with the Minister of Justice Abdülhamit Gül, the Union Turkey Chambers and Commodity Exchanges of Turkey (TOBB) President M. Rifat Hisarcıklıoğlu pointed out that, so far, 62% of the 620 cases brought to the mediation system have concluded an agreement, “Results from litigation which would last years are now brought to resolution in days and weeks. In other words, access to justice has accelerated. Thus, grievances are reduced and the sense of justice is strengthened.” Hisarcıklıoğlu emphasized that as Chambers-Exchanges, they support this issue.
- Hisarcıklıoğlu's two proposals on
mediation
Stating
that they are making great efforts to spread this system throughout the business
world, Hisarcıklıoğlu said, “We are establishing Mediation and Arbitration
Centers at our chambers. At this point, we have two proposals for the Minister.
In order to ensure that this method is used more effectively, in commercial
disputes, we should remove the requirement that mediators to be lawyers. In
case of disputes with merchants on both sides, our chambers could be mediators.
Our Izmir Chamber of Commerce has the capacity to do this easily with its
respected names and expert staff on the board of directors. Second, for the
spread of arbitration, the stamp tax of contracts containing mandatory
arbitration should be abolished. Stamp taxes taken in the execution of the
decisions should also be halved. Thus, our companies will be more willing to
add arbitration clauses to their contracts. The more widely mediation and arbitration
are used, the more it will prove beneficial for both the business community and
the judiciary. Why is this important? Again we look to our culture, our beliefs:
Justice is the basis of property. There's a saying we like very much: Justice is
like the polar star. It is constant and everything else revolves around it.
That's why we have to maintain the balance of the justice scales.
- Judicial reform
Hisarcıklıoğlu
stated that the Ministry of Justice has initiated a new reform in the judiciary,
“We expect the Judicial Reform Strategy Document, which Mr. Gül is the
architect of, to bring a resolution to a significant part of the problems being
experienced. We would like to thank our Minister for all these structural
reforms he has made for our country and business world. We also appreciate him coming
to the Council meeting in person in order to listen to our troubles and get our
opinions.”
Pointing
out that lawyers are given the right to green passports within certain
criteria, to facilitate their international activities, Hisarcıklıoğlu stated
that, as the business world they do not object to this. However, those who are
flying the flag of Turkey by selling goods and investing abroad also deserve
easier green passports.
- Request for review of the
obligation to retain a lawyer
Hisarcıklıoğlu
said, “Another important problem is the obligation to retain a lawyer. Our
companies are already consulting with lawyers when necessary. So, why the extra
burden when we don't need it.
When
this arrangement came about in 2008, it was made mandatory for companies with
capital over 250,000 TRY. Since then this limit has been the same. So, every
company, from small to large, is in this scope but prices have increased over
the past 11 years. Therefore, this regulation should be reviewed.
Again,
we will start an important first with our Minister. We want to increase
dialogue and consultation between our business community and the judiciary.
Hopefully in this context, we will bring together the judiciary community.
İzmir
is one of the most important success stories of our economic history.
As
a small port town in the Aegean, it has become one of the largest port cities
in Europe today. With 8 universities, 13 OIZs, 2 free zones, 3 technology
development zones and 4 international container ports, it is the star city of
both Turkey and the Mediterranean.
It
brings in 6% of national income, 7% of industrial production and exports and
12% of total tax revenue to our country. I am proud of my entrepreneur brothers
from Izmir who own all these achievements. The investments made by our
government in infrastructure, transportation and logistics in İzmir also have a
big share here. After the İzmir-İstanbul Highway, İzmir-Ankara High Speed Train
Line, İzmir-Çandarlı Motorway and İzmir Çandarlı Port will be under
construction and İzmir will become a more attractive business and life center.”
Hisarcıklıoğlu
also mentioned that there are problems, especially in finance, and asked the
banks to be more sensitive and said, “In this period, everyone should
understand each other, share this burden and make sacrifices. Banks leave the
sacrifice to us and take the profit for themselves.” TOBB President added that
they would overcome all adversity through unity and solidarity.