Commencing Date and Time for Arbitration - Chapter 11 - Arbitration Law of Turkey: Practice and Procedure
Dr. Ziya Akinci, is the founding partner of AKINCI Law Oices, Turkey. He sits as an arbitrator in disputes under the ICC and other institute rules, including ITO and TRAC and also under ad hoc rules. Dr. Akinci acts as party counsel in arbitrations, both domestic and international, and under ICC, ICSID and ad hoc rules. He has previously been requested to provide expert opinions in some arbitration cases. Dr. Akinci is member of the ICC Court.
Originally from Arbitration Law of Turkey: Practice and Procedure
COMMENCING DATE AND TIME FOR ARBITRATION
11.1 COMMENCING DATE FOR ARBITRATION
One should note that the commencing date for the arbitration proceedings and the commencing date for the time of arbitration are different concepts and subject to different rules under Turkish International Arbitration Law.
The time of arbitration refers to the duration of the time that the arbitrators may use for rendering the award1 whereas the commencement date of the arbitration has different legal consequences. The commencement date is particularly important with respect to any relevant time bars and any interim relief granted by the courts before the arbitration starts2. Article 10 of TIAC provides that, if a party has obtained an interim measure or interim attachment from a Court, it has to start the arbitration within thirty days.
Otherwise, the interim measure or interim attachment is automatically lifted. The parties may agree on the commencement date of the arbitration. The parties may indicate in the arbitration agreement when the arbitration is deemed to have commenced3. For instance the parties may agree the commencement day is the day when the notice of arbitration is served or the Request for Arbitration is filed. If the parties referred to any arbitrational institution or any standard arbitration rules (such as UNCITRAL Rules of Arbitration) then the commencement day will be determined in accordance with such rules.
11 COMMENCING DATE AND TIME FOR ARBITRATION
11.1 COMMENCİNG DATE FOR ARBİTRATİON
11.2 TİME OF ARBİTRATİON
11.2.1 Commencing date of Time for Arbitration
11.2.2 Extension of Time for Arbitration