The Arbitration Seminar for Public Bodies Was A Great Success

After the legislative amendments allowing the arbitration for public disputes, on 31 May 2018 ISTAC held an Arbitration Seminar for Public Institutions and Organizations in Ankara, with the participation of more than 300 jurists and experts.

Mehmet Çobas, the principal consultant of the PM, encouraged the public institutions to opt for arbitration. Mr. Çobas emphasized that ISTAC is the project of Turkey and the legislative amendments now allow ISTAC to be the address for resolution of public disputes. “For the disputes arising from the execution of a contract, public institutions and organizations can either choose the Turkish courts or the arbitration method in the standard contracts. It would be beneficial to take steps for the resolution of the disputes through arbitration. In this sense, I would like to emphasize that the steps taken by the public institutions and organizations are very important in making the ISTAC Arbitration Rules and arbitration mechanism more functional. Such steps are going to make investment managements faster and smoother,” he said. Then he explained that they would like to see the ISTAC arbitration clause in all of the contracts of the public institutions and organizations.

Later on ISTAC President Prof. Dr. Ziya Akıncı explained the ISTAC arbitration and the way it has gone since its foundation, to the public law attorneys. Founded as a part of the Istanbul Finance Center project, ISTAC has gained important experiences during its two-and-a-half year of operation. “Following the private sector, the use of ISTAC arbitration by the public sector will increase our case agenda. As you know, the opportunity to reach the public sector was first created by the Circular of Prime Ministry numbered 2016/25, advising the public institutions to use the ISTAC arbitration. We are thankful for this step that took ISTAC 30 years ahead. Following the Circular, the amendments in the standard contracts and regulations of application of Public Procurement Authority were published in the Offical Gazette of 30 December 2017. Now the public institutions and organizations can include an ISTAC arbitration clause in their domestic and international contracts. Therefore, I would like to address all public law jurists, lawyers and contractors: Write ISTAC arbitration clause to your contracts and benefit from the fast, specialized and low-cost arbitration proceedings of ISTAC. ISTAC is not only an attractive dispute resolution for the private sector, but also for the public sector.”

A very experienced jurist, Prof. Dr. Fikret Eren, who participated in the conference as the session moderator, pointed out that the foundation of Istanbul Arbitration Center is a great opportunity for Turkish jurists to open to the world. “The foundation of ISTAC is very positive and benevolent. Furthermore, it will be of great importance for the promotion of Turkey” he said.

Speakers on behalf of the Public Procurement Authority, Orhan Seçkin and Dr. Erdem Bafra, shared their experiences concerning the disputes arising from public procurement contracts. In addition to that, ISTAC Secretary-General Dr. Candan Yasan Tepetaş made a detailed presentation about the legal proceedings and methods of ISTAC.

Participated by the members of the procurement commissions and legal counsels of public bodies, the event ended with a fast-breaking feast of ISTAC.