Originally from Arbitration Law of Turkey: Practice and Procedure

CHAPTER 11

COMMENCING DATE AND TIME FOR ARBITRATION

11.1 COMMENCING DATE FOR ARBITRATION

One should note that the commencing date for the arbitration proceedings and the commencing date for the time of arbitration are different concepts and subject to different rules under Turkish International Arbitration Law.

The time of arbitration refers to the duration of the time that the arbitrators may use for rendering the award1 whereas the commencement date of the arbitration has different legal consequences. The commencement date is particularly important with respect to any relevant time bars and any interim relief granted by the courts before the arbitration starts2. Article 10 of TIAC provides that, if a party has obtained an interim measure or interim attachment from a Court, it has to start the arbitration within thirty days.

Otherwise, the interim measure or interim attachment is automatically lifted. The parties may agree on the commencement date of the arbitration. The parties may indicate in the arbitration agreement when the arbitration is deemed to have commenced3. For instance the parties may agree the commencement day is the day when the notice of arbitration is served or the Request for Arbitration is filed. If the parties referred to any arbitrational institution or any standard arbitration rules (such as UNCITRAL Rules of Arbitration) then the commencement day will be determined in accordance with such rules.