210 / 516
Pursuant to Article 416/2 of the CPC, any disputes with respect to
the appointment of arbitrators shall be resolved by the courts. This
decision may not be appealed. Article 421 of the CPC on the other
hand regulates that in the event the term of one of the arbitrators
expires, the new arbitrator shall be appointed by following the same
procedure. The time consumed for the appointment of the sole or mul-
tiple arbitrators shall not be taken into consideration in calculation of
the duration of arbitration.
Conclusion
Provisions of the CPC governing arbitration have been prepared by
taking into consideration the UNCITRAL Model Law and the IAA.
Therefore, the provisions of the IAA and the CPC have been aligned.
This is a positive development with regard to the harmonization and
unification of the national and international arbitration rules.
Given the material similarities between the IAA and the CPC, it
would be appropriate to regulate the national and international arbitra-
tion by summoning the provisions in one code. Thereby, any confusion
with respect to the scope of application of the relevant laws may be
overcome.
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NEWSLETTER 2012