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National Arbitration in the Civil Procedure Code – II
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Prof. Dr. H. Ercument Erdem
Some provisions of the Civil Procedure Code numbered 6100
(“CPC”) regarding arbitration have been analyzed in our previous arti-
cle. In this article, we shall continue to analyze the relevant provisions
and Article 417 and following articles of the CPC.
Withdrawal or Challenge of Arbitrators
Arbitrators, just like judges, play an important role on judicial
activity. Therefore, impartiality and independence of arbitrators are of
importance in arbitral proceedings. Pursuant to Article 417/1 of the
CPC, the arbitrator shall disclose any circumstances likely to give rise
to justifiable doubts as to his or her impartiality or independence. In the
event such circumstance occurs later, the arbitrator shall without delay
disclose any such circumstances to the parties.
Pursuant to Article 417/2 of the CPC, the challenge of arbitrators
is possible only in the event an arbitrator does not have the qualifica-
tions agreed upon by the parties, in the presence of a reason for chal-
lenge agreed in the arbitration procedures by the parties or if circum-
stances exist that give rise to justifiable doubts as to the arbitrator’s
impartiality or independence.
Article 418 regulates in detail the procedure of challenge of arbi-
trators. The parties may freely agree on the procedure of challenge of
arbitrators. A party that intends to challenge an arbitrator shall send
notice of its challenge within two weeks following the appointment of
the challenged arbitrator, or within two weeks after the circumstances
giving rise to challenge became known to the party, and shall inform
the other party of its challenge in writing. In the event that the arbitra-
tor does not withdraw or the other party does not agree to the chal-
lenge, the arbitral tribunal shall decide on the challenge.
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Article of May 2012