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04 Feb, 2025

11.03.2023 dated and 32129 numbered Official Gazette published the Communiqué on the “International Arbitration Fee Tariff” by the Ministry of Justice. The Communiqué, pursuant to the International Arbitration Law No. 4686;

  • If an agreement cannot be reached between the parties and the arbitrator or the arbitral tribunal on determining the fee, or
  • If the arbitration agreement does not contain any provision regarding the determination of the fee, or
  • If the parties have not referred to established international rules or institutional arbitration rules regarding this matter,

it has been stipulated that the provisions of this Communiqué shall apply regarding the fee to be received by the arbitrator or the arbitral tribunal. Furthermore, the Communiqué regulates the following matters:

  • The provisions of this Communiqué shall not apply in cases where an arbitrator’s duty is terminated for any reason not regulated in this Communiqué, or if an arbitrator resigns due to legal or factual reasons preventing them from fulfilling their duty on time, or if the arbitrator’s authority is terminated as a result of an agreement between the parties, or in cases where the subject matter cannot be evaluated in monetary terms.
  • The fees specified in the Communiqué are determined as compensation for all work and procedures related to the arbitration case from the date the arbitration case is filed until the final arbitral award is rendered.
  • According to the last paragraph of Article 2 of the Communiqué, no additional fee shall be charged for the correction, interpretation, or completion of arbitral awards.
  • If the dispute is resolved before the arbitral tribunal grants a deadline to the parties for presenting evidence pursuant to Article 12(B) of the International Arbitration Law due to the case becoming moot, withdrawal, or settlement, the arbitrator or the arbitral tribunal shall be entitled to half of the fee specified in the Fee Table; if it is resolved after the deadline is granted, the full amount specified in the table shall be applicable.
  • Article 8 of the Communiqué states that the arbitrator’s fee shall be earned upon the conclusion of the arbitration proceedings.
  1. FEES PAYABLE TO ARBITRATORS ACCORDING TO THE COMMUNIQUÉ

The fees to be paid according to this Communiqué shall be calculated based on the fee table below.

DISPUTE VALUE SINGLE ARBITRATOR FEE THREE OR MORE ARBITRATORS FEE
For the first 500,000.00 TL % 5 % 8
For the next 500,000.00 TL % 4 % 7
For the next 1,000,000.00 TL % 3 % 6
For the next 3,000,000.00 TL % 2 % 4
For the next 5,000,000.00 TL % 1 % 2
For amounts exceeding 10,000,000.00 TL % 0.1 % 0.2

This Communiqué shall enter into force on 15.03.2022. In this context, the Communiqué on the “International Arbitration Fee Tariff” published in the Official Gazette dated 25.02.2022 has been repealed.

If you have any questions regarding this matter, please feel free to contact us at any time.

Esenyel Partners | Communiqué on International Arbitration Fee Schedule
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