News & Insights
Case Deemed Unfiled by Arbitration Tribunal Due to Missing Power of Attorney
Arzum Beyza Çimen | TRAINEE15.08.2023
Prof. Dr. Cemile Demir Gökyayla | PARTNER15.08.2023
In the dispute with a foreign element, the Arbitral Tribunal determined that the rules of procedural law to be applied to the arbitration proceedings are, in order of priority, a) the mandatory rules of the IAA and the CCP regarding arbitration, b) the ITOTAM Arbitration Rules, c) the non-mandatory rules of the IAA and the CCP regarding arbitration.
In the absence of an applicable provision in the aforementioned regulations, the Arbitral Tribunal decided that the provisions of the CCP that are not related to arbitration may be applied by analogy to the extent appropriate. The Arbitral Tribunal decided to deem the Claimant's case as not filed in accordance with Article 77 of the CCP, which regulates the submission of a power of attorney in cases filed in State courts, since there is no provision in the aforementioned regulations regarding the failure to submit a power of attorney.