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parties pursuant to the agreement, the arbitration case shall be consid-
ered to be initiated with the appointment and notification of an arbitra-
tor by the claimant to the other party. Additionally, in the event that the
names and surnames of the arbitrators are specified in the arbitration
agreement, the arbitration case shall be considered to be initiated as
soon as the request for arbitration is received by the other party.
Pursuant to the second paragraph of this article, in case one of the par-
ties has obtained a decision on provisional injunction or provisional
seizure, the arbitration proceedings shall be initiated within two weeks,
otherwise the decision on provisional injunction or provisional seizure
shall be lifted automatically. As the said decisions are provisional, the
proceedings shall be initiated within this short period of time.
The fact that arbitration is a rapid dispute resolution process finds
its reflections on Article 427 of the CPC. Unless agreed otherwise by
the parties, the arbitrators shall decide on the merits of the case, in
cases where a sole arbitrator is in charge, within one year as from the
appointment of the arbitrator; and in cases where several arbitrators are
in charge, within one year as from the date of drafting of the first min-
utes of meeting by the arbitrators. This time period may be extended
with the agreement of parties, and if the parties fail to agree, with the
decision of the courts.
Statement of claim and statement of defense shall be submitted
within the time period agreed by the parties or determined by the arbi-
trator. Unless agreed otherwise by the parties, the claims or defenses
may be amended or supplemented. The arbitrators may refuse this
amendment or supplementation in case it may be considered inappro-
priate to allow such amendment or supplement having regard to the
delay in making it or prejudice to other parties in an unfair manner or
any other circumstances. Therefore, the efforts aiming to extend arbi-
tral proceedings may be prevented. Pursuant to Article 429 of the CPC,
arbitrators may decide that the proceedings would be held based on file
or by holding hearings.
In the event that the claimant does not submit its statement of
claim in due time without providing a valid reason, in case the state-
ment of claim is not in due form and the deficiencies are not fulfilled
in the cure period granted, arbitration proceedings shall be ended pur-
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