International Arbitration In Turkey: Selection And Challenge Of Arbitrators

In the important phase of selecting arbitrators, which enables arbitration procedure to commence healthily and continue, The Turkish International Arbitration Law of 2001 ("TIAL") confers freedom to parties as to qualifications, nationality, authority and the number of arbitrators, as long as it is an odd number. TIAL also allows parties to designate a specific person in the arbitration agreement. However, if that person does not accept their nomination, resigns or becomes unavailable for any legal or factual reason, and where parties did not consent on the appointment of a substitute arbitrator, TIAL states that the arbitration procedure is to be terminated and proceedings before a competent state court are to be initiated. In this vein, the Supreme Court further expressed that in such circumstances the validity of the arbitration agreement, in other words, parties' will to arbitrate, is alive only if the specifically selected person acts as the arbitrator.