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Regulation Amending the Regulation on Insurance Arbitration Has Been Published

The Regulation Amending the Regulation on Insurance Arbitration ("Regulation") entered into force following its publication in the Official Gazette dated 07 June 2023 and numbered 32214.  Separate and aside from the additions made to the definitions article and the expanded duties of the Presidency of the Commission especially regarding the expert lists, the Regulation introduced specific arrangements regarding the working procedures of reporters and objection authorities and the experience requirement sought for insurance arbitrators.

On the other hand, the Regulation introduced a provision allowing electronic applications for insurance arbitration system through the online platform of the Insurance Arbitration Commission ("Commission"). In this context, while applications for arbitration could be made to the head office of the Commission, the office where the applicant resides, or where the risk occurred, the new Regulation clearly states that applications can also be made online via the digital platform of the Commission. In addition to these amendments made in Article 16 of the Regulation on Insurance Arbitration, along with the information and documents related to the dispute and the payment documentation of the application fee, the current application form published on the Commission's website and the documents indicating that the payment documentation of the notification fee must also be included in the dispute applications. It should be noted that a similar arrangement has been made in Article 16/A regulating the application to the appeal arbitral tribunals. It is regulated that the applications to the appeal arbitral tribunal can also be made online together with the current appeal application form published on the Commission's website and the payment documentation of the application fee and notification expenses.

Another significant amendment to Article 16 concerns the preliminary examination procedure to be conducted by reporters on the file after the dispute is referred to the relevant reporter. In this context, while the reporter was previously required to determine whether the dispute has been referred to the court, arbitration according to the Code of Civil Procedure or the Arbitration Committee for Consumer Problems based on the relevant party’s statements, the Regulation has added enforcement proceedings according to the Enforcement and Bankruptcy Law to these arrangements. In other words, the reporter must now determine whether the dispute has been referred to enforcement proceedings according to the Enforcement and Bankruptcy Law or not.

Another significant amendment to Article 16 of the Regulation on Insurance Arbitration concerns the ratio of the application fee to be refunded if it is understood that the Commission cannot evaluate the file due to the preliminary examination. While the previous Regulation stipulated that ninety percent of the application fee would be refunded in this case, the Regulation regulates this rate as half of the application fee.

Finally, an amendment has been made to Article 16/7, which stipulates that the arbitrators are obliged to render a decision within four months at the latest from the date of their appointment unless extended with the express and written consent of the parties. In the event of force majeure, unexpected events, and deletion from the list of arbitrators, where a new arbitrator is appointed for the pending applications, the newly appointed insurance arbitrator must render a decision within four months at the latest from the date of appointment. The appeal arbitrator must render a decision within two months. In addition, the newly added paragraph 16/14 foresees that single and panel coordinator arbitrators will be assigned a maximum of seventy dispute files in a month. Where it is necessary to appoint more than this number due to the high number of applications to the Commission, the Commission can make appointments by notifying the Insurance and Private Pension Regulation and Supervision Agency.


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