Law Of Arbitration Center Istanbul

Original Language Title: İSTANBUL TAHKİM MERKEZİ KANUNU

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k6570.html

Law No. 6570 Date: 20/11/2014 objective and scope article 1-(1) the purpose of this Act, including carrying the alien element of arbitration or alternative dispute resolution of disputes to be resolved with the establishment of the Arbitration Center in İstanbul to provide the Organization and activities of the Centre with the procedures and principles.
Organization article 2-(1) ensure the implementation of this law and the law in order to complete the assignment given to him possessing legal personality, subject to the provisions of private law was established in İstanbul Arbitration Center.
Definitions article 3-(1) in the implementation of this Act;
a) Head Office: İstanbul Court of Arbitration the Arbitration Center, b): according to the National Court of Arbitration or International Arbitration Divanını getting at it refers to.
The Center's tasks article 4-(1) the Center's tasks include the following: a) arbitration and alternative dispute resolution methods to ensure the services and determine the rules for.
b) suppliers of arbitration and alternative dispute resolution methods to make publicity and publication, to encourage scientific studies on this issue, perform domestic and abroad, support contact and collaborate with institutions.
The Agency article 5-(1); The General Assembly, the Board of Auditors, the Advisory Committee notes that the General Secretary of national and International Arbitration Court are available.
The General Assembly article 6-(1) the General Assembly, at least ten years experience in the profession from all;
a Union of Chambers and commodity exchanges of Turkey) trade and industry are two rooms, one room, marine trade Chambers of Commerce, trade and industry Chambers, including a total of six, choose one stock market b) heads of the bar registered lawyers to choose from among the bar four, c) choose from the higher education Board, three faculty members experienced in arbitration, c) Turkey Exporters Assembly to choose two, d) on the Justice Department's administrative task that is running on a choice from among the judges at the first class , e) Turkey Banks Association a, f) Turkey participation banks ' Association is a choice, a choice of capital markets Board, g)) stock exchange İstanbul, incorporated is a choice, a choice of tradesmen and Craftsmen Confederation h) Turkey, ı) banking regulation and supervision Agency, a choice, a choice I) Turkey capital markets Association, j) workers ' and employers ' unions have most Member are one Confederation, delegate for a total of twenty-five members. Those delegates, chosen by the governing bodies of the institutions listed above. Although they were elected members of the tasks in the institution. Presidents of the consultative delegates to be elected for the purposes of the determination of Turkey Bar Association by the candidates within ten days from the date reported as determined by place and time the Union Presidents by selection is done. The President of each bar can use a vote in this election, the four candidate members elected the maximum votes will be counted.
(2) the members of the General Assembly shall be elected for four years. Expired members may be re-elected. In the event of termination of membership for any reason, to complete the remaining period of that member selection is done the same contingency.
Article 7 tasks and working procedure of the General Assembly-(1) the General Assembly tasks include the following: a) the Board of Directors and Advisory Board members and the Auditors.
b) Board of Directors annual report and balance sheet and Auditor's report to the Board of Directors for review and release to decide about.
c) prepared by the Board of Directors, arbitration and alternative dispute resolution method to be applied to the rules relating to the functioning of the Centre with the procedures and principles for legislation and to review and approve the budget.
ç) General Assembly, Board of Directors and Advisory Board members and Auditors with peace of mind as it is possible to determine wages and costs.
(2) the General Assembly shall convene once a year in October. Chairman of the Board of directors or the Auditor, if necessary, the General Assembly may call the meeting.
(3) the General Assembly shall convene with the majority of the members who attended the meeting with the majority decision and gets.
The Board of Directors and work procedure article 8-(1) the Board of directors from among its members, the General Assembly has chosen five principal for four years and consists of four substitute members. Expired Board members may be re-elected. At least three of the principal and two substitute members to be in law school graduate. The Board of Directors selects a President from among the members of the law school graduate.
(2) the Board shall convene with the participation of at least three members and takes decisions with the absolute majority of members. The Board of Directors, meetings can be in electronic form.
(3) a member of the Board of Directors in the event of termination for any reason, according to the first paragraph in the order determined by the current selection with the replacement member based on the amount of time remaining.
(4) members of the Board of Directors of the new Board shall continue until the mission.
(5) twice in succession to report for duty or to meetings in a year to attend three times a member of the Board's job ends by itself.
The Board of Directors and the President's tasks article 9-(1) the Board of Directors the executive organ of the tasks of the Centre are as follows: a) arbitration and alternative dispute resolution method to be applied to the rules relating to the functioning of the Centre with the procedures and principles related to prepare drafts of the legislation after receiving the opinion of the Advisory Board for the approval of the General Assembly.
b) balance sheet and report of activities to introduce and release of the General Assembly.
c) prepare and budget for next year for the approval of the General Assembly.
ç) Referee fees and Central service fee for preparing the General Assembly approval of the tariff.
(2) the Center's administration and representation belongs to the President. In the absence of the President, a member of the Board of Directors to do their tasks.
Auditor article 10-(1) members of the General Assembly, or for not more than three from the outside one or more than one person selects as auditors for four years. In the event of termination for any reason of the task Inspector the amount of time remaining to complete a backup controller is selected.
(2) the Auditor, the Board of Directors to provide to the General Assembly by checking the annual activities report. He had a report prepared jointly be present more than one inspector.
The Advisory Committee article 11-(1) the Advisory Committee within the framework of the Centre's goals after applying to information and opinions of arbitration or alternative dispute resolution methods have at least five years experience about fifteen members. Members of the Advisory Committee, upon the proposal of the Board of Directors shall be elected for four years by the General Assembly.
(2) the opinion of the Advisory Board, where he considers it necessary, the Board refers to the attitude.
(3) the Advisory Committee, upon the call of the Board of Directors shall convene at least once a year and the opinion of the Board of directors by preparing reports on matters that are referenced.
International Court of Arbitration and International Court of Arbitration article 12-(1) the Central Court of Arbitration within the individual National and International Court of Arbitration will be created. The Court of arbitration, the Chairman of the Board of Directors and the Secretary General is a member of the Board of Directors of the natural, but also by business lawyers have at least ten years experience in three members shall be elected. Court of Arbitration selected by the members of the Board of Directors term of five years.
(2) the Arbitration Board heads, members of the Court by the majority of the members is selected.
(3) the Arbitration Board, chaired by the President of the Court with the participation of at least three members and the majority of the present decision; in the event of equality of votes, it was resolved that in accordance with the vote of the President of the Court. Against the decisions of the Court of arbitration the Parties communicated to them within a week of the decision decision may appeal the couch. It is certain that the decision given on appeal.
(4) Court of Arbitration can also electronically and the meetings can decide.
(5) the Court of Arbitration in the event of termination for any reason of membership of this member is elected new members to complete the task duration.
(6) Court of Arbitration in the arbitration rules specify the Center fulfills the prescribed tasks.
General Secretariat article 13-(1) General Secretary; The Secretary General, Deputy Secretary General and consists of enough staff.
(2) the Secretary General and Deputy Secretary General has at least ten years experience in the legal profession among those selected by the Board of Directors.
(3) the Center's arbitration processes and other works for the judge to see the Secretary General runs enough under the auspices of the Office staff.
(4) the Secretary General and Deputy Secretary General, arbitration and alternative dispute resolution method to be applied to the rules relating to the functioning of the Centre with the procedures and principles set out in regulations that contains tasks and is responsible for the execution of the administrative work of the Centre.
(5) the Secretary General, Deputy Secretary General and desk staff 22/5/2003 and are subject to the provisions of Law No. 4857.
Yasaklılık and confidentiality article 14-(1) the Advisory Board members are members of the central organs of workers outside, along the Central mandate within the arbitration or mediation. However, with the agreement of the parties or arbitration mediation of these individuals is possible.

(2) members of the central organ of the workers, tasks and therefore will learn secrets with the parties and all kinds of information of third parties, even if no person lasted and organization tasks cannot explain, for the benefit of himself or anyone else; without written permission of the parties, in accordance with the mission, based on the information and documents and publications.
The Center's income and expenses article 15-(1) the revenues of the Centre consists from the following sources: a services provided as paid by the) Central revenues in Exchange for b) prepared by the Board of Directors and with the approval by the General Assembly budget income that cannot be determined on the basis of the number of delegates for the part of the rate, selected from among the lawyers registered with the bar for members of the Bar Association of Turkey has been rated, the other members are delegated to organizations in the share allocated to the (2) ruling on the first paragraph (b) will be selected by the Ministry of Justice and the Council of higher education for members do not apply.
(3) Center, the performance of duty is authorized to make expenditures required to.
Applicable provisions article 16 – (1) the provisions of this law that are not attitude 22/11/2001 and Act No. 4721 Turkish Civil law 4/11/2004 within the framework of the provisions of the associations law No. 5253.
Transitional provisions TRANSITIONAL ARTICLE 1-(1) the date this law comes into force starting from the Center's Board of Directors will be period of time until all of the support services shall be performed by the Union of Chambers and commodity exchanges of Turkey.
(2) article 6 of this Act that are specified in the institutions and organizations, from the effective date of the law within two months, the Center's General Assembly of the Union of Chambers and commodity exchanges of Turkey delegates to act. The representatives will be notified within two months from the first meeting of the General Assembly. Date of the first meeting of the General Assembly in respect of the members of the General Assembly at the beginning of a four-year mandate.
(3) the arbitration and alternative dispute resolution method to be applied to the rules relating to the functioning of the Centre with the procedures and principles for the election of Directors regulations, containing within the six-month period are prepared by the Centre and placed into effect.
(4) in order to carry out the activities of the first two years of the Centre's budget are met from the budget of the Prime Minister.
Entry into force ARTICLE 5-(1) this Act enters into force on 1/1/2015.
Execution article 18-(1) this law the provisions of the Council of Ministers.