FILING A REQUEST FOR ARBITRATION

Istanbul Chamber of Commerce Arbitration and Mediation Centre (ITOTAM)

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.