Akıncı Arbitration Newsletter - April 2023

11.04.2023

Contents

ICSID Released 2022 Caseload Statistics

The Court of Cassation Ruled that Dispute Resolution Clauses that Provide for Arbitration for Some Disputes and State Court Proceedings for Others are Valid ICSID has published its caseload statistics for 2022. According to the statistics, 41 new cases were registered in 2022. Of these cases, 34 were initiated under the ICSID Convention and 7 under the Additional Facility Rules. In addition, the Center hosted 21 non-Convention arbitrations.

More than half of the cases initiated were based on bilateral investment treaties, followed by the Energy Charter Treaty and investor-state contracts in second and third place. Oil-gas-mining and electricity-energy disputes are the subject matter of the cases, respectively.

Finally, one of the cases initiated in 2022 involved a Turkish investor as a party. Approximately half of the cases concluded in 2022 were terminated by the final decision of the arbitral tribunal, while the other half were concluded by settlement or similar reasons. More than half of the cases decided by the arbitral tribunal were decided in favor of the investor, while in 30% of the cases, the investors’ claims were rejected on the merits.

The Court of Cassation Ruled that Dispute Resolution Clauses that Provide for Arbitration for Some Disputes and State Court Proceedings for Others are Valid

The 11th Civil Chamber of the Court of Cassation, with its decision dated December 14, 2022 and numbered E. 2021/4688 K. 2022/9097, upheld the decisions of the court of first instance and the court of appeal regarding the procedural dismissal of the case by accepting the objection to arbitration.

The court of first instance had decided to accept the defendant's objection to arbitration. Subsequently, the Regional Court of Appeal rejected the claimant's appeal. In its reasoning, the Regional Court of Appeal found that the contract in dispute provided for arbitration for certain disputes and dispute resolution in state courts for other disputes. As a matter of fact, the Regional Court of Appeal rejected the appeal of the decision to dismiss the case on procedural grounds, finding that the dispute in the case was covered by the arbitration clause.

Finally, the Court of Cassation upheld these two decisions and developed a jurisprudence on the validity of dispute resolution clauses that provide for arbitration for some disputes and state courts for others.

What Happened in Turkish Arbitration in March 2023?

Prof. Dr. Ziya Akıncı made a presentation titled “ISTAC Experience and Advantages of ISTAC in Resolving Disputes Arising from Commonwealth of Independent States Countries” at the English Law Day organized by the "Eurasian CIS Legal Professionals' Forum". Fatma Güney, one of the partners of Akıncı Law Office, made a presentation on starting an arbitration (best practice), arbitration clauses and selecting an arbitrator.

ISTAC Construction Law Commission and Retail and Real Estate Law Commission continued their activities.

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