05.12.2019 İstanbul
Speaking at the symposium, which focused on the reflections on mediation of the Singapore Convention signed by 51 countries with Turkey, M. Rifat Hisarciklioglu, president of the Union of Chambers and Commodity Exchanges of Turkey (TOBB), pointed out that a new era had begun in the resolution of international trade disputes, adding, "The main obstacle to the mediation establishment was the issue of cross-border enforcement if the agreement were to be reached. With the Singapore Convention, this issue is largely addressed.”
The
Singapore Convention's Reflections on Mediation Symposium was held at CVK Park
Bosphorus Hotel in Istanbul with the participation of TOBB President M. Rifat
Hisarciklioglu, Justice Minister Abdulhamit Gul and Turkish Bar Association
President Metin Feyzioglu. At the symposium, the contributions of the contract
regarding the development of mediation and its vision for the future and the
examples of mediation implementation in the world were discussed.
TOBB
President M. Rifat Hisarcıklıoğlu said in his speech here, 51 countries signed
the Singapore Convention, “That number is going to get bigger. Thus, the
international trade disputes of Turkish companies operating in the global arena
will be brought to a solution. Our
companies will also increase our trade volume by reducing the risks of conflict
in international markets.
Different
country markets, more easily entered. Likewise, our country will attract more
capital investors. On the other hand, when our biggest trading partner, the
European Union, adopts the Singapore Convention, our commercial potential for
EU countries will be positively affected.”
- Mediation system fast and
affordable
As
it is a new system, it will take time to use widespread, Hisarcıklıoğlu said,
but noted that the mediation system has significant growth potential, thanks to
its fact that it is more affordable and faster than standard litigation
procedures and even arbitration. "Therefore, mediation can be expected to
come to the fore in international platforms over time.
Your
views on this issue are also of great importance for our business world and we
will follow them soon."
- Law is the pillar of the economy
Hisarcıklıoğlu
said that the legal system is a pillar not only of the state but also of the
economy, “If the law is strong, people's confidence in each other, institutions
and the system increases. If a sense of justice and trust is strong in a
country, then that country's economy will be strong.” As a business community,
one of the issues they always complain about, due to the excessive file burden,
the judicial system is slow functioning, Hisarcıklıoğlu said, “Our Minister of
Justice, Mr. Gul, has undertaken important structural reforms here. It has enabled
alternative solutions to be put into action. I used to envy Poland. $10 billion
a year, investors would withdraw capital. And if it came to us, it would only
be $1 billion. Then we got the arbitration in first. As a result of this,
Turkey's appeal to investors has increased. Incoming foreign direct investment
has increased. In fact, we as a nation are no strangers to this issue.
Centuries ago, our ancestor sat on it. Akhism, which constitutes the basis of
our Chamber-Stock Exchange Community, resolved the commercial disputes. Then we
forgot about it, and Europe took it from us and improved it. When I first
raised this issue almost 15 years ago, I encountered tremendous resistance.
Almost everyone was against it. But we continued to tell, defend. And finally,
our dream came true. Mr. Abdulhamit Gul was our Minister. Thanks to him, he
took care of it. First in business-employer disputes, then in commercial cases,
mediation was made mandatory.
The
use of the mediation system has increased day by day. In six years, the number
of files here has reached 1 million. The number of applications for work life
issues, which are important for our business world, has exceeded 800 thousand.
And 65-70% of them ended in an agreement. The trials that used to last for years
ended in days and weeks. So access to justice has accelerated. It's also a
win-win method. Because people have been spared a waste of time and the long
process which was financially damaging, while our judicial system has been
spared from a significant workload.”
- The sense of justice has been
strengthened
Stating
that the mediation decreased the grievances and the sense of justice was
strengthened, Hisarcıklıoğlu said that mediation also contributed to social
peace. "Let me give you one striking example. So far, with mediation,
nearly 730,000 cases have been resolved without going to trial. In the
judiciary, the number of cases per judge is around 800 per year on average. So,
in six years, we've freed 900 of our judges from this burden, 900 fewer courts.
Here, all these good results in practice show that the reform is a correct and
appropriate step.”
Stating
that as the Chamber-Exchange community, they fully support the mediation system
Hisarcıklıoğlu, said that they are making great efforts to spread it throughout
the business world. TOBB President Hisarcıklıoğlu noted that they opened
Mediation and Arbitration Centers in the chambers and that they established the
Dispute Resolution Center within TOBB ETU, and said, “Because this issue is
important for both our community and our country. On the other hand, another
issue that we have been voicing for a long time, has recently concluded in a
positive way. Our Istanbul Arbitration Centre has prepared a new solution model
in which mediation and arbitration will be used together in commercial
disputes. This will result in commercial disputes without going to court in
five months at the latest. That way, our business world will have resolved
their disputes faster and cheaper. I also congratulate our ISTAC President Ziya
Akıncı and Hakan Öztatar, who is also a member of the Board of Directors of
ISTAC, for this innovative step they have developed.”
- Full support from the business
world to any regulation that strengthens the judicial system
Reminding
that justice is at the heart of the property, Hisarcıklıoğlu said: “There's a
saying I like very much, justice is like the polar star. It stays put.
Everything else revolves around it. That's why we must maintain the balance of
the scales of justice. We must take every step necessary to make it work
effectively, quickly and healthily. In this context, we are launching an
important first with our Minister soon. We want to increase dialogue and
consultation between our business world and our judicial community. So we can
understand each other better. We're going to empathize. Our Minister has shown
his visionary character here as well. He asked us to hold meetings in the
provinces. Thus, we will bring together the business community and the judicial
community. There, too, we want to listen to your ideas and make the most of
them. As the business community, we believe that. The more successful we are in
making our legal system healthier and better, the stronger our country and
economy will be. Therefore, the Turkish private sector fully supports every
regulation that would strengthen the judiciary, increase its capacity and
effectiveness. And we’re going to keep supporting it.”