Request for Arbitration

To commence ITOTAM Arbitration you need to submit a "Request for Arbitration" with the Secretariat of the ITOTAM at its office located at the headquarter of the Istanbul Chamber of Commerce.

Number of Copies

The "Request" and attached documents must be supplied in as many copies as there are other respondents, plus one for each arbitrator and one for the Secretariat (Article 3 of the Rules of Arbitration).

Content

There is no required or even model form that a "Request" must take. A claimant party is free to determine the form of its "Request", provided that Article 8 of the Rules is respected.

Art 8

The Request shall contain the following information:

a) The full name, trade name, address, telephone number, fax number and e-mail address of each of the parties and, if any, their representatives; b) A clear description of the nature of the relevant dispute and legal grounds ; c)The relief or remedy sought and indication of the amount of the claim, if any; d)Any contract between the parties and especially the arbitration agreement or arbitration clause; e)Proposal of the Claimant as to the number and the appointment procedure of arbitrators; identity of the arbitrator appointed by the Claimant if the parties have not agreed on appointment of a sole arbitrator to settle the dispute; f) Proposal of an arbitrator if the parties have agreed on appointment of a sole arbitrator to settle the dispute; and g) Any comments regarding the place of arbitration, the applicable rules of law and the language of the arbitration.

Filing Fee

The Claimant shall pay the registration fee set forth in the current tariff (see Annex II) and shall submit the relevant receipt together with the Request to the Secretariat. The non-refundable filing fee is 400 TL for both domestic and international disputes. (Appendix II, Art.8.1) Parties wishing to have recourse to ITOTAM Arbitration Rules are encouraged to include an appropriate dispute resolution clause in their agreement. Below you may find example of recommended arbitration clause:

MODEL ARBITRATION CLAUSE

Any dispute or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules of Arbitration of the Istanbul Chamber of Commerce Arbitration and Mediation Centre (ITOTAM).

PARTIES SHOULD CONSIDER ADDING THE FOLLOWING CLAUSES BELOW:

a. The language of arbitration shall be ...............
b. The applicable substantive law shall be .........

ARBITRATION WITHOUT EMERGENCY ARBITRATOR

If the Parties do not want the Emergency Arbitrator Provisions to apply, may add the clause below:
The Emergency Arbitration Rules shall not apply.

Request for Arbitration or Request For Emergency Arbitrator and Costs

In order to file a Request For Arbitration before ITOTAM, an application fee of 400 Turkish Lira must be paid. (The 400 TL deposited in the Expedited Arbitration procedure covers both the application fee and the administrative expenses. However, in order for the rules regarding ITOTAM Expedited Arbitration to be applied, the parties must have concluded their arbitration agreements after 14.04.2016 or they must have specifically agreed on this matter.)

In order to file a request for an Emergency Arbitrator at ITOTAM, an application fee of 750 TL and an emergency arbitrator fee of 25,000 TL must be paid.

After the fees are paid to the following IBAN, the receipt should be sent to the following three mail addresses (senem.bahcekapili@ito.org.tr, bugrahan.helvaci@ito.org.tr, ozlem.cetin@ito.org.tr). The full name of the claimant company/real person must be visible on the receipt.

Following the payment of the fee, the Request for Arbitration or Emergency Arbitrator Request must be sent to us in PDF format, together with the receipt. Hardcopies must be sent to our adress in the numbers specified in the ITOTAM rules. It is not possible for us to notify the respondent before the hard copies of the file, together with all its attachments, are sent to us in sufficient numbers. In the Request For Arbitration, the provisions set forth in article 8 of ITOTAM Rules should be included. In addition, since special authority is required by law, the attorney must be specifically authorized in the power of attorney to follow the arbitration process, therefore, the power of attorney must contain a statement regarding the existence of the relevant authority.

İSTANBUL TİCARET ODASI
GARANTİ BANKASI İSTANBUL TİCARİ ŞUBESİ
IBAN: TR87 0006 2001 6750 0001 2997 95