211 / 521
Requirement of Specific Authority for Representatives to
Arbitrate in Turkish Law
*
Prof. Dr. H. Ercument Erdem
Introduction
The issue of authority for representatives in arbitration is among
the preliminary questions that require assessment both by arbitrators
and national courts, if the lack thereof is alleged. The lack of authori-
ty causes numerous problems, including the arbitration agreement
being null and void, any award thereunder being subject to annulment
and not being enforceable. Such nullity will result in a dispute, manda-
torily being resolved by national courts regardless of the intention to
submit a legal dispute to arbitration.
Turkish law provides for certain requirements in order for a party
to execute an arbitration agreement, or refer a matter to arbitration
through a proxy. Voluntarily appointed proxies of such a party need to
be expressly and specifically authorized to arbitrate within their pow-
ers of attorney.
This Newsletter article shall assess the specific authority require-
ment for representation in arbitration under Turkish law.
Specific Authority for Representation in Arbitration under
Turkish Law
Authority and the provisions governing the formation, scope and
effects of a power of attorney are regulated mainly under two principle
codes, Turkish Code of Obligations no. 6098
1
(“TCO”) and the Civil
Procedure Code no. 6100
2
(“CPC”).
ARBITRATION LAW
195
*
Article of December 2014
1
Official Gazette 4 February 2011, No. 27836. The TCO entered into force on 1 July 2012.
2
Official Gazette 4 February 2011, No. 27836. The CPC entered into force on 1 October 2011.