Union of Chambers and Commodity Exchanges of Turkey

Organized in Istanbul through the collaboration of TOBB, International Chamber of Commerce (ICC) Turkey National Committee and the ICC International Court of Arbitration, the ICC Turkey Arbitration Day International Arbitration Conference started off with the speeches of Trade Minister Ruhsar Pekcan, TOBB President and the ICC Turkey National Committee Chairman M. Rifat Hisarcıklıoğlu and the International Arbitration Court President Alexis Mourre.

Hisarcıklıoğlu, in his opening speech, stressed that the ICC is the largest business organization working to increase trade and investments in the world. Hisarcıklıoğlu, who reminded me that the ICC was established by a group of entrepreneurs with the slogan of “traders of peace” in order to eliminate the harm caused to international trade by the First World War, said that they are at the forefront to improve peace and prosperity around the world.

Hisarcıklıoğlu stated that the ICC has represented more than 45 million companies and more than 1 billion employees in more than 100 countries in 100 years, adding that “1 out of every 3 employees in the world work in ICC member companies. The 100-year-old ICC is the only business organization in the world that operates in both developed and developing countries and has earned Observer Status at the United Nations.”

Hisarcıklıoğlu reminded that the ICC International Arbitration Council was established in 1923, and adding private sector representatives from different countries under its umbrella, has become a reference institution for increasing trade in the world and removing barriers to trade.

Hisarcıklıoğlu stated that ICC has renewed its 21^st century mission as, “the business world working for everyone, every day and everywhere.”

Hisarcıklıoğlu, pointing out that the establishment and execution of the activities of ICC Turkey National Committee in Turkey has been entrusted unto TOBB, stated that the ICC Turkey National Committee operating under the TOBB umbrella since 1934, has undertaken the role of ICC representative of Turkey, contributing to ICC's work.

Hisarcıklıoğlu stated that one of the main areas of activity of the ICC is to establish globally accepted business rules and eliminate contradictory applications between countries, “Technical commissions of the ICC are active in a myriad of fields. These commissions aim to establish business rules and practices in international trade. With the aim of contributing to the international work of the Turkish business world, our committee has been carrying out its activities successfully in ICC commissions. Of great interest for the business world, the international standard guidelines, INCOTERMS, which clearly state the rights and obligations of exporters and importers in international trade, will be renewed in 2020. Renewal work carried out by the ICC Commercial Law and Practice Commission on Incoterms 2020 will be made available to our country’s business community by ICC Turkey, as well as providing the necessary training in this regard.”

- “Arbitration is a very important matter for us”

Pointing out that arbitration is a very important matter for the business world, Hisarcıklıoğlu said, “Trade and investment means taking risks. When you do it in another country, this risk grows even larger. This is because in each country, the legislation is different and there are different applications. It is not possible for investors to know all of them.

This also reduces the appetite for trade and investment. In the cases disputes, arbitration is an objective, respectable establishment with its rules clearly stated from the beginning, protecting all parties involved. Therefore, arbitration has now become one of the must-have conditions for doing business.”

Hisarcıklıoğlu emphasized the fact that the International Arbitration Court established in 1923 as ICC’s arbitration body is the world's leading solution provider to international commercial and labor disputes, “Most of the arbitration bodies are local or regional in scope, while the ICC Arbitration Court is fully international. The Council, which consists of members from more than 90 countries on each continent, is also the most widely represented arbitration body in the world. In 2018, 842 different arbitration cases were received from 135 countries at the International Court of Arbitration. 62 of them were from Turkey. ICC arbitration’s flexibility, the translation of the rules in many languages, renewing itself constantly and adapting to the developments of the era are at the core of the success of Council.

- Minister of Trade Ruhsar Pekcan

Minister of Trade Ruhsar Pekcan, stated that she considers the conference, which brings together experts, lawyers, academicians and representatives of the private sector, who are interested in different branches of the global economy, to be very important and beneficial.

Stating that Turkey, with a population 82 million and median age of 31 years, is Europe’s most dynamic economy, said, “Turkey's economy is at its highest level of openness to the global economy in the history of the Republic. When the ratio of foreign trade volume to national income is announced in March, we will see this together. Turkey is integrated into the global economy now more than ever. As Turkey's economy is open to the international economy, so are the of the Turkish people and the Turkish entrepreneurial business culture. Turkish business world is quite practical and flexible; Turkish companies have great capacity to do business on a global scale.

Today we have exports to almost every country in the world. Turkish firms are investors in approximately 120 countries and contracting firms have had successful projects in 123 different countries. To date, projects with a combined volume of 380 billion USD have been realized. Our service exports reached to 47.8 billion USD, and our exports of goods reached 168.1 billion USD.”

Minister Pekcan stated that it is fair to point out that a serious infrastructure in e-commerce has formed in regards to the transition to a digital economy, “We can comfortably say that we have fundamental infrastructure for new and transformative fields such as blockchain and big data analysis. Business and investment environment in Turkey is host to innovative fields of the global economy and is suitable to thrive in this direction.”

Pekcan stated that there have been legislative developments to further the arbitration infrastructure in Turkey in recent years, with the mediation system, which entered into force as of January 1^st, 2019, being one of them.

Stating that commercial mediation in disputes arising from receivables has come to the fore as a crucial component, Pekcan expressed that she believes it will contribute greatly to the spread of alternative dispute resolution in Turkey.

Indicating that, with TOBB and ICC leading them, private sector institutions are actively progressing in the development of alternative means of dispute resolution in Turkey, Pekcan noted that they would also continue to provide support in this regard.

- ICC International Arbitration Court President Mourre

ICC International Arbitration Court President Alexis Mourre stated that the ICC is the largest and most successful arbitration organization in the world, attractive to parties as an institution.

Mourre explained that ICC, an impartial organization, is a global institution providing services in 25 languages. Mourre also gave information about the new studies and practices of ICC during his address. Stating that they are against protectionism, Mourre said, “We are an advocate of open trade. Turkey is extremely important market for us.”

The conference, attended by specialized referees, legal counsels of public and private sectors, Chambers and Commodity Exchanges, members of the Supreme Court of Appeals, judges, lawyers and academicians; focused on issues relating to the general characteristics and current developments of ICC Arbitration, perspectives of users on arbitration as an effective dispute resolution, the role of the judiciary in the current arbitration environment in Turkey and method of evidence in international arbitration.