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ciently manner, one of the parties may apply to the courts for obtain-
ing an interim measure or recording of evidence decision. If these cir-
cumstances are not present, the application to the courts may only be
done based on an authorization to be granted by the arbitrators or a
written agreement of the parties regarding this matter. This provision
may also be criticized, since the anticipated procedure may consume a
lot of time in practice and may not serve its purpose, especially in case
the delay is inconvenient.
Procedure of Appointment of the Arbitrators
Article 415 of the CPC regulates the number of arbitrators. The
parties may freely agree on the number of the arbitrators, provided that
the number of arbitrators must be an odd number. Pursuant to the sec-
ond paragraph of the relevant article, in the event the parties do not
indicate a precise the number for arbitrators, three arbitrators shall be
appointed.
The procedure for appointing the arbitrators is governed by Article
416 of the CPC. Accordingly, only real persons may be appointed as
arbitrators. In the event that a sole arbitrator shall be nominated, but the
parties cannot agree on the choice of arbitrator, the arbitrator shall be
appointed by court. If three arbitrators shall be appointed, each party
shall appoint one arbitrator and these arbitrators shall appoint the third
arbitrator. The third arbitrator shall act as the chairman. In the event
one of the parties do not appoint their arbitrator within one month after
the receipt of the request of the other party for such appointment to be
made, or in the event the two party-appointed arbitrators do not nomi-
nate the third arbitrator within one month following their appointment,
the court shall appoint the arbitrator upon request of one of the parties.
As it may be seen, if the arbitrators are not appointed by the parties, the
provisions adapt a solution to resolve any deadlocks through appoint-
ment of such arbitrators by court.
Article 416/1/d introduces a provision regarding the qualifications
of the arbitrators. Accordingly, in the event there is more than one arbi-
trator, at least one of the arbitrators must be a lawyer with five years or
more experience in its field of expertise. Thereby, it is ensured that the
arbitrators are chosen among qualified persons.
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