Formation of the arbitration panel
The arbitral tribunal consists of persons appointed by the parties to a dispute to examine the existing or future dispute between them and decide it through an arbitral award that binds the parties, who are obligated to comply with and enforce it.
Arbitration may also be entrusted to a single arbitrator, who hears the dispute and decides it according to the same rules and principles applied by an arbitral tribunal.
Conditions of Arbitration:
- Capacity (Article 15/A):
The arbitrator must have legal capacity. - Absence of interest in the dispute (independence and impartiality):
The arbitrator, in his role, is like a judge; therefore, it is natural that he must not have any interest in the dispute before him. - Not holding a judicial position:
Judges may not generally be appointed as arbitrators. However, exceptionally, they may be appointed in accordance with the Judicial Independence Law. A judge may be appointed as an arbitrator upon the request of the Council of Ministers based on the recommendation of the Judicial Council when the government or one of its institutions is a party to the dispute.
Characteristics of the Arbitrator (left to the discretion of the parties):
- The arbitrator is not required to be of a specific gender or nationality (Article 15/B).
- The arbitrator is not required to have specific expertise in the subject matter of the dispute, procedural experience, or a certain level of legal knowledge.
- There is nothing preventing the arbitrator from being experienced in the subject matter or litigation procedures, even if he does not possess formal legal qualifications.