Union of Chambers and Commodity Exchanges of Turkey

Chambers should also be mediators; stamp tax in contracts should be removed


27.09.2019 / İzmir



Attending Izmir Chamber of Commerce meeting with the Minister of Justice Abdülhamit Gül, the Union Turkey Chambers and Commodity Exchanges of Turkey (TOBB) President M. Rifat Hisarcıklıoğlu pointed out that, so far, 62% of the 620 cases brought to the mediation system have concluded an agreement, “Results from litigation which would last years are now brought to resolution in days and weeks. In other words, access to justice has accelerated. Thus, grievances are reduced and the sense of justice is strengthened.” Hisarcıklıoğlu emphasized that as Chambers-Exchanges, they support this issue.​

- Hisarcıklıoğlu's two proposals on mediation

Stating that they are making great efforts to spread this system throughout the business world, Hisarcıklıoğlu said, “We are establishing Mediation and Arbitration Centers at our chambers. At this point, we have two proposals for the Minister. In order to ensure that this method is used more effectively, in commercial disputes, we should remove the requirement that mediators to be lawyers. In case of disputes with merchants on both sides, our chambers could be mediators. Our Izmir Chamber of Commerce has the capacity to do this easily with its respected names and expert staff on the board of directors. Second, for the spread of arbitration, the stamp tax of contracts containing mandatory arbitration should be abolished. Stamp taxes taken in the execution of the decisions should also be halved. Thus, our companies will be more willing to add arbitration clauses to their contracts. The more widely mediation and arbitration are used, the more it will prove beneficial for both the business community and the judiciary. Why is this important? Again we look to our culture, our beliefs: Justice is the basis of property. There's a saying we like very much: Justice is like the polar star. It is constant and everything else revolves around it. That's why we have to maintain the balance of the justice scales.

- Judicial reform

Hisarcıklıoğlu stated that the Ministry of Justice has initiated a new reform in the judiciary, “We expect the Judicial Reform Strategy Document, which Mr. Gül is the architect of, to bring a resolution to a significant part of the problems being experienced. We would like to thank our Minister for all these structural reforms he has made for our country and business world. We also appreciate him coming to the Council meeting in person in order to listen to our troubles and get our opinions.”

Pointing out that lawyers are given the right to green passports within certain criteria, to facilitate their international activities, Hisarcıklıoğlu stated that, as the business world they do not object to this. However, those who are flying the flag of Turkey by selling goods and investing abroad also deserve easier green passports.

- Request for review of the obligation to retain a lawyer

Hisarcıklıoğlu said, “Another important problem is the obligation to retain a lawyer. Our companies are already consulting with lawyers when necessary. So, why the extra burden when we don't need it.

When this arrangement came about in 2008, it was made mandatory for companies with capital over 250,000 TRY. Since then this limit has been the same. So, every company, from small to large, is in this scope but prices have increased over the past 11 years. Therefore, this regulation should be reviewed.

Again, we will start an important first with our Minister. We want to increase dialogue and consultation between our business community and the judiciary. Hopefully in this context, we will bring together the judiciary community.

İzmir is one of the most important success stories of our economic history.

As a small port town in the Aegean, it has become one of the largest port cities in Europe today. With 8 universities, 13 OIZs, 2 free zones, 3 technology development zones and 4 international container ports, it is the star city of both Turkey and the Mediterranean.

It brings in 6% of national income, 7% of industrial production and exports and 12% of total tax revenue to our country. I am proud of my entrepreneur brothers from Izmir who own all these achievements. The investments made by our government in infrastructure, transportation and logistics in İzmir also have a big share here. After the İzmir-İstanbul Highway, İzmir-Ankara High Speed ​​Train Line, İzmir-Çandarlı Motorway and İzmir Çandarlı Port will be under construction and İzmir will become a more attractive business and life center.”

Hisarcıklıoğlu also mentioned that there are problems, especially in finance, and asked the banks to be more sensitive and said, “In this period, everyone should understand each other, share this burden and make sacrifices. Banks leave the sacrifice to us and take the profit for themselves.” TOBB President added that they would overcome all adversity through unity and solidarity.

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