The Communiqué on the International Arbitration Fee Schedule
Pursuant to the International Arbitration Law, if the parties and the arbitrator or the arbitral tribunal fail to reach an agreement on the determination of the fee or if the arbitration agreement does not contain any provision on the determination of the fee, the provisions of this Communiqué shall be applicable to the fee to be charged by the arbitrator or the arbitral tribunal.
The provisions of this Communiqué shall not be applicable if one of the arbitrators terminates his/her appointment for a reason not regulated in this Communiqué, if he/she cannot execute his/her duties on time and withdraws from the arbitration, or if the parties terminate the authority of the arbitrator by their agreement. In addition, the provisions of this Communiqué shall not be applicable in matters that are not evaluated in money.
Work Covered by Arbitrator Fees:
Upon termination of the arbitration proceedings, the arbitrators shall be paid a fee for the work performed in connection with the case from the date of commencement of the proceedings until the final arbitral award is rendered. But no additional fee shall be paid to the arbitrators for the correction, interpretation, or completion of the award. In addition, the fee payable to the chairman of the arbitral tribunal shall be 10% more than the fee payable to each of the arbitrators.
Fee of Partial Award:
If the arbitrator or arbitral tribunal renders a partial award, the fee shall be determined according to the dispute subject to the partial award. In the event that the partial award is rendered as a final award, the full fee stated in the fee schedule below may be awarded.
Fee Schedule:
The fees to be paid according to this Communiqué shall be paid according to the following fee schedule as follows:
| VALUE SUBJECT TO DISPUTE | SINGLE ARBITRATOR FEE | 3 OR MORE ARBITRATORS' FEES |
| For the first incoming TRY 500,000.00 | 5% | 8% |
| For the next TRY 500,000.00 | 4% | 7% |
| For the next TRY 1,000,000.00 | 3% | 6% |
| For the next TRY 3,000,000.00 | 2% | 4% |
| For the next TRY 5,000,000.00 | 1% | 2% |
| For more than TRY 10,000,000.00 | 0.1% | 0.2 % |
Partial Entitlement to Fees and Non-Payment of Fees:
With this Communiqué, it has been regulated that the fees to be paid to the arbitrators in cases of termination of arbitration as set forward in the International Arbitration Law shall be determined in accordance with the fee schedule published in the Communiqué. Accordingly, in cases of termination, the full, ½, ¼ or none of the fees in the published schedule shall be awarded.
Fees for Waiver and Settlement of the Lawsuit:
Pursuant to this Communiqué, in the event that the case is terminated due to mootness, waiver or settlement before the deadline for the submission of evidence is given, half of the amount specified in the fee schedule shall be awarded, and after the deadline for the submission of evidence is given, the full amount specified in the fee schedule shall be awarded.
Arbitrator's Reconsideration of the Case as a Result of the Annulment Case:
In the event that the annulment proceeding is accepted and not appealed or in the event that the annulment proceeding is accepted due to the existence of the circumstances specified in the International Arbitration Law, if one of the former arbitrators is appointed again, ¼ of the fee stated in the fee schedule shall be awarded.
Repealed Communiqué:
This Communiqué repealed the Communiqué on the International Arbitration Fee Schedule published in the Official Gazette dated 25.02.2022 and numbered 31761.
Effective date:
This Communiqué enters into force on March 15, 2023.