ARBITRATORS’ FEES AND EXPENDITURE GUIDELINES OF

THE UNION OF CHAMBERS AND COMMODITY EXCHANGES OF TURKEY (TOBB) ARBITRATION COUNCIL

Validity: The decision of the Arbitration Council dated09.08.2010.

Amendment:The decision of the Arbitration Council dated 25.11.2010.

1-Advance Payment for Expenditure

A Claimant, who applies to the TOBB Arbitration Council in order to start arbitration proceedings according to the TOBB Arbitration Rules, must pay 3.000.- TL with his application as advance payment for expenditure. The Respondent is also legally liable to pay 3.000.- TL as advance payment for expenditure within the time period of answer to the arbitration request. However, if the respondent states that he is not going to pay, then the Secretary of the Council shall inform the claimant with this and give 15 days to the claimant to pay. If the claimant does not pay on time, then it shall be counted that arbitration case is not opened.

2-Additional Advance Payment for Expenditure

If it is understood that the paid advance payment shall not cover the expenses due to an unforeseenincrease in the value of the dispute or in the arbitration expenses, or difficulties and complications occurred during the arbitration proceedings, the Arbitration Council may require an additional advance payment.

The former provision as stated in the first article shall be applied for the additional advance payment for expenditure. In case of non payment of the additional advance payment at the required time, if it is possible according to the case filethe arbitral tribunal shall give its decision accordingly; otherwise proceedings shall end.

  1. Determining the Arbitrators’ Fee

For determining arbitrators’ fees; unless otherwise agreed, the provisions of the International Arbitration Law Fee Tariffs Notification shall apply to the disputes between the Turkish firms and foreign firms or between the foreign firms; the provisions of the International Arbitration Law Fee Tariffs Notification and half of the proportions on the Fee Table in this Notification shall apply to the disputes between the Turkish firms. If the value of the dispute is not definite, then the Arbitration Council shall in its discretion decide the arbitrators’ fee.

The determined fees are net and all the tax, fee, deduction and similar financial obligations shall belong to the parties.

  1. The Arbitral tribunal’s secretaries’ fee shall be determined by the Arbitration Council by taking the nature of the dispute into consideration (such as the period of proceedings, value of the case, agreements for the case expenditure.)

VALUE OF DISPUTE / FEE
ONE ARBITRATOR / 3 OR MORE ARBITRATORS
For First 500.000,00 TL / 5% / 8%
For next 500.000,00 TL / 4% / 7%
For next 1.000.000,00 TL. / 3% / 6%
For next 3.000.000,00 TL / 2% / 4%
For next 5.000.000,00 TL / 1% / 2%
Above 10.000.000,00 TL / 0,1% / 0,2 %