Originally from Arbitration Law of Turkey: Practice and Procedure

CHAPTER 8

COMPOSITION OF THE ARBITRAL TRIBUNAL

A dispute can go to arbitration on the basis of an agreement between the disputing parties to submit the dispute to resolution by arbitration, where an arbitrator or a tribunal of arbitrators is appointed and has been given the legal authority to act by the parties.

The composition of the arbitral tribunal or the appointing of the sole arbitrator is a characteristic and crucial issue in arbitration. There can be little doubt that the composition of the arbitral tribunal will have a huge affect on the resolution of the dispute. Not only this, but the composition of the tribunal will have some important legal consequences related to the starting date for the arbitration and can have repercussions if a party applies to have the award set aside or enforced later on. These consequences will be explained in greater detail below1 but are mostly related to the validity of the appointments of the individuals who will act as arbitrators under the conditions set out in the Turkish International Arbitration Code.

The tenet of freedom of choice for the parties forms a basis for the Turkish International Arbitration Code and as far as possible this tenet is honoured at all stages of the arbitration process2. As a result of this principal, the disputing parties can appoint an arbitrator by their direct decision, or alternatively indirectly by specifying in the arbitration agreement that a third party can be selected as the appointing authority3.