Arbitration Services

Law number 6325, enacted on June 7, 2012, and published in the Official Gazette on June 22, 2012, is known as the “Law on Mediation in Civil Disputes” in Turkey. Here is some key information about this law:

• Purpose and Scope: The law regulates the procedures and principles to be applied in the resolution of private law disputes through arbitration. This includes disputes arising from acts or proceedings which the parties may freely dispose, including those with foreign elements. However, disputes containing domestic violence are not suitable for arbitration under this law.
• Definition of Arbitration: Arbitration is defined as a voluntary dispute resolution method that employs systematic techniques. It involves the participation of an impartial and independent third person, known as the arbitrator, who brings the parties together to discuss and negotiate. The arbitator establishes a communication process between the parties to ensure that they understand each other and find their own solutions.
• Principles of Voluntariness and Equality: Parties are free to resort to a arbitrator, to continue or finalize the process, or to renounce such process. They enjoy equal rights both in resorting to the arbitrator and throughout the entire process.
• Confidentiality: Unless agreed otherwise by the parties, the arbitrator is obliged to keep confidential all information and documents submitted to him/her within the framework of the arbitration activity. The parties are also obliged to abide by the principle of confidentiality.
• Non-usability of Statements or Documents: Certain types of statements or documents cannot be used as evidence or form the basis for a judgment in a civil lawsuit or arbitration related to the dispute. This includes the invitation for arbitration, opinions or proposals for the resolution of the dispute, acceptance of the proposals, and any fact or allegation during the arbitration process, as well as documents prepared solely for the arbitration activity.
• Rights and Liabilities of Arbitrator: Arbitrators have the right to use the title of arbitrator and exercise the powers granted by such title. They can demand wages and expenses for their activity, and can meet or communicate separately with each party or collectively. Parties can participate in these meetings through their attorneys.

If you require further details on specific articles or aspects of Law number 6325, please consult our team of seasoned arbitrators and legal consultants.