The Regulation amending the Insurance Arbitration Regulation (hereinafter referred to as “Regulation”), has been published by the Undersecretariat of Treasury in the Official Gazette numbered 209598 on 19 January 2016 and entered into force on the same day. This Regulation determines the new requirements for insurance arbitrators, particularly the experience criteria and the obligations of the Insurance Arbitration Commission (hereinafter referred to as “Commission”).
The amendments by the Regulation can be summarised such as follows:
- The applicants who have experience at least for five years in insurance law or ten years in insurance shall be examined in terms of quality and quantity of their work. If the period of experience is interrupted, the experience criteria shall be considered
- Proficiency of the academicians shall be examined by considering their insurance related works and
- A separate list shall be kept for the prohibited insurance arbitrators set forth in the Article 4 of the
- The Article 5 of the Regulation obliges the insurance arbitrators to submit an undertaking of impartiality to the
- Following the classification of the insurance file as life insurance or non-life insurance, the selection of the arbitrator will be realized from the list in During the selection in order, the expertise of the arbitrator is also considered.
- In the event that specific or technical information is needed for the resolution, the arbitrator can decide to obtain expert opinion, by oneself or upon request of a The director of the Commission shall arrange the list of these experts.
- If the parties are represented by an attorney, the attorney fee is equal to 1/5 of the attorney fee according to the Minimum Attorneyship Fee Tariff and calculated for the disputes conducted before the court of first
- In the circumstances mentioned in the Article 18 of the Regulation, the arbitrator shall refrain from involving in the settlement of the dispute, even if there is no
The Commission shall publish the decisions of the arbitrators in a public database.