🇹🇷⚖️ Turkish perspective on arbitration: how Istanbul Arbitration Centre / ISTAC changed the arbitration landscape in Türkiye.
In the margins of Istanbul Arbitration Days, Müge Bakırcıoğlu (Erdoğmuş), LL.M. interviewed Dr. Candan Yasan Tepetaş – the Founding Secretary General of ISTAC, who stood at the forefront of transforming the approach to international arbitration in Türkiye.
Today, she is an Assistant Professor at Istanbul Bilgi University, a member of ICC Arbitration and ADR Commission, and a seasoned arbitration practitioner.
Candan shared her insights on:
🔷 The challenges and successes of establishing ISTAC as a crucial player in the international arbitration scene.
🔷 How ISTAC's adoption of now widespread techniques, such as the emergency arbitrator and expedited procedure, has positively influenced Turkish arbitration.
🔷 Balancing her roles as an academic, a practitioner, and a member of advisory boards.
👏🏻 Candan’a başarılarının devamını diliyoruz!
#arbitration#internationalarbitration#istanbul#istac#disputeresolution
First of all, thank you very much for doing this together with me. This is especially very dear to my heart because we are doing this here in beautiful Istanbul, which is my hometown. And for those of the audience that don't know you that well, could you please introduce yourself? My name is Jan Diasanta Betas, I'm an assistant professor of private international law at Istanbul Bilgi University. Actually, this is the place where we met, yes, more than 10 years ago. Time flies. Yes, it does. I'm also an arbitration practitioner. I regularly such as arbitrator or serve as party council in both domestic and international cases. I'm also a member of the ICC Commission on Arbitration and ADR. So you served as the 1st and founding Secretary General of the Istanbul Arbitration Center as well. How did this position come along? My journey to Istanbul Arbitration Center began at the earliest of my career as a teaching assistant. In fact, I fell in love with private international law. Done international dispute resolution and ultimately arbitration and I was very, very lucky because I had the privilege of knowing professors and professor. So one professor. Can you become the president of Istanbul Arbitration Center? I found myself at it stuck. So that was a very, very challenging experience also because I was quite young at that time. But I think I embraced the challenge and I work very hard and I had a very, very good support. From Turkish arbitration community, the establishment of iStock had a very positive effect on the international arbitration practice in Turkey. Yes, actually some arbitration center was, I think what international arbitration practitioners in Turkey looking for. Also the courts approach towards arbitration have changed a little bit. And then also it sets the stage for international stakeholders in arbitration to also become more positive about the arbitration seen in Turkey. I couldn't agree more. Positive trends of ISTAK like emergency arbitrator or expedited procedure found their places in Turkish practice and also the young generation, young is stuck. Everybody had a very positive support. So I think we grow together and it stuck nowadays become a very important regional center and international. 1A truly international one. The number of cases is increasing, range of sectors are very different. And during all those years that you held the position of secretary. General Office, Istanbul Arbitration Center what has surprised you the most? Probably I can't think of a case having a six page of arbitration agreement, only the arbitration, the arbitration agreements. That was a very detailed and complex arbitration agreement and the case at that time was one of the biggest case of iStock. However, at the Secretariat we had quite difficult time to, you know, comply with this arbitration agreement because the parties agreed to shorten the time limits, they also. Among the the commencement of the time limits. So it was very difficult for us to enforce this agreement. So you currently are a member of the advisory boards of the ICC and Istanbul Arbitration Center. And then you also act as a sole practitioner and act as parties counsel and arbitrator in arbitration matters. And then you also hold the position in the university. So how do these three hats contribute to your professional path? My personal experience. Is that having an academic title had met a lot to establish my expertise. However, I think that doing some council work, serving as arbitrator was a transformative experience for me. Right now, all my academic work are also related, mostly related with the experience I had through a case. On the other hand, having the title of assistant professor and being with my student is so enriching. I'm learning a lot from them. They are actually. Giving you another angle and perspective. Yeah, this is what I I actually also experienced. So I also give lectures in Humboldt University in Berlin. And there I also feel like I get the opportunity to share my practical experience with the students, but also the feedback that I get from them or like different perspectives that they share and on the practical cases that we handle open different doors. Exactly. They are so open minded. I know you also you also. Hold a lot of workshops, seminars and so on with the students of different law faculties of different universities. I think this is really like a two way St. that exactly practical experience probably feeds the educational part and vice versa. But I should also stress that I'm not a super woman and I think that I don't have to be a super woman. So we should remember that we are all so as a female practitioner in arbitration and having held the position of secretary general in Istanbul arbitration. Spencer and having handled different matters from different jurisdictions, how do you think the issue of diversity is considered and addressed in practice? First of all, we should admit that diversity issues is everybody's issues. I have the chance to witness the positive efforts of the institutions ICC stuck to improve diversity, to increase the appointment of woman arbitrator to push diversity. However, there's a long way to go. We should do more. I think that. To enterprises, the law firms should take more positive action, promote more positive diversity. They should establish some policies. Diversity is not only limited with gender diversity, ethnical diversity, nationality. We should also do our best to consider these issues in international arbitration, because international arbitration, for me, it's the place that we can do much and we can do our best. To have a balanced and diverse area and practice. And this is the way that we are growing together. And I think that woman especially should support woman. So when you look at the future, what do you think is the biggest challenge in arbitration in the dispute resolution scene from the Turkish perspective? I think that nowadays they're political uncertainties are the biggest challenge that we are facing in Turkey. Turkey should maintain. Natural place to be a natural seat for international disputes. I think we should do our best to keep that role under that process.
Many thanks for giving me this wonderful opportunity! I enjoyed every part of it and it is truly motivating to hear your kind words.International arbitration is a powerful tool that enriches our world. I feel very lucky being part of the arbitration community and to have met such an inspiring female practitioner Müge Bakırcıoğlu (Erdoğmuş), LL.M. 🍀🙏🏻
🇹🇷⚖️ Turkish perspective on arbitration: how Istanbul Arbitration Centre / ISTAC changed the arbitration landscape in Türkiye.
In the margins of Istanbul Arbitration Days, Müge Bakırcıoğlu (Erdoğmuş), LL.M. interviewed Dr. Candan Yasan Tepetaş – the Founding Secretary General of ISTAC, who stood at the forefront of transforming the approach to international arbitration in Türkiye.
Today, she is an Assistant Professor at Istanbul Bilgi University, a member of ICC Arbitration and ADR Commission, and a seasoned arbitration practitioner.
Candan shared her insights on:
🔷 The challenges and successes of establishing ISTAC as a crucial player in the international arbitration scene.
🔷 How ISTAC's adoption of now widespread techniques, such as the emergency arbitrator and expedited procedure, has positively influenced Turkish arbitration.
🔷 Balancing her roles as an academic, a practitioner, and a member of advisory boards.
👏🏻 Candan’a başarılarının devamını diliyoruz!
#arbitration#internationalarbitration#istanbul#istac#disputeresolution
In February 2024, The International Bar Association (IBA) released the most recent version of the IBA Guidelines on Conflicts of Interest in International Arbitration. The 2024 IBA Guidelines are the product of over a year of broad public consultations and surveys conducted at the IBA annual meeting and in other meetings around the world, led by a Task Force responsible for revising the 2014 IBA Guidelines.
It’s a well established principle that conflict of interest goes to the root of international arbitration practice as it can be a ground for the nullification of an arbitration proceeding, the disqualification of an Arbitrator, and the challenge of an arbitral award.
For this reason, the 2024 IBA Guidelines are significant because, among other things, they place a particular emphasis on the need for a concerted effort to ensure that the arbitration proceedings are conducted transparently, impartially, and independently thereby retaining arbitration as the suitable and reliable dispute resolution mechanism for users.
In this article, our Team Lead, Joseph Siyaidon, Esq, MCIArb. and Associates, Stanley Umezuruike and Michael Afuye examine the provisions of the Guidelines and make effective recommendations on best practices for identifying conflicts of interest as well as disclosing the same in international arbitration.
Click the link in our bio to read the full publication and reach out to contact@strenandblan.com for further inquiries and consultation.
https://lnkd.in/dpWkDktq#strenandblanpartners#internationalarbitration#internationalbarberassociation#conflictofinterests
We are pleased to announce an important collaboration between the BVI International Arbitration Centre (BVI IAC) and the Shenzhen Court of International Arbitration (SCIA). This collaboration, marked by the execution of a comprehensive collaborative agreement, is geared towards fortifying the arbitration landscape and cultivating international cooperation.
The collaborative endeavours of the BVI IAC and SCIA were recently spotlighted in a hybrid seminar conducted on January 11, 2024, spanning from 10:00 am to 12:00 pm (CST) in Shenzhen. In attendance were legal professionals, arbitrators, and industry experts who convened to delve into and deliberate upon arbitration strategies meticulously tailored for disputes involving BVI International Business Companies (IBCs). This event served as a distinguished platform for erudite discussions concerning best practices and the evolving trends within the realm of arbitration. Special thanks to our moderator, Horace Wong SC and our guest speakers, Anna Lin - Conyers, Ada Chan - Ogier, Aleisha Brown - Campbells and Denning Jin - Han Kun Law Offices. Gratitude is also extended to Weimin Xie and Yanbing (Sandra) Peng from the Shenzhen Court of International Arbitration for hosting our CEO, Shan Greer.
We extend an invitation to revisit the pivotal moments of this collaboration and knowledge exchange through an exploration of the event's captured visuals. Anticipate forthcoming updates on our LinkedIn page, encapsulating the quintessence of this historic collaboration.
#BVI_IAC#SCIA#ArbitrationSuccess#InternationalCollaboration#LegalExcellence#PastEventHighlights
Pleased to have contributed to this article on the updated CRCICA Arbitration Rules in which we summarise the key changes and consider their potential practical impact.
The new Rules represent a significant step forward for CRCICA and will provide welcome certainty to parties.
To read the full article, please follow the link: https://lnkd.in/dNcz6pVT#HerbertSmithFreehills#CRCICA#Arbitration
Partner, Head of International Arbitration Group in London and Head of Energy, UK at Herbert Smith Freehills. Chair of Advisory Committee, CRCICA; ICC Commission Member for UK; Deputy Chair, Advisory Committee, Oman AC
Our briefing on the updated CRCICA Arbitration Rules - effective from yesterday, 15 January. An excellent set of revisions which shall serve CRCICA well for its future service to users of arbitration in Africa, the Middle East, and beyond! Congratulations to CRCICA colleagues Dalia Hussein, Ismail Selim and to all involved on the rules revision committee.
🌟 Discover the Dynamic Duo of AFSA International Arbitration! 🌟
At the heart of the international arm of the Arbitration Foundation of Southern Africa (AFSA), is the International Secretariat and the AFSA Court. They collaborate seamlessly to uphold the highest standards of arbitration under the AFSA International Rules. Here’s a snapshot of their pivotal roles:
🔹 AFSA International Secretariat:
Administrative Backbone: Manages all administrative facets of arbitration from the initial arbitration intake to detailed procedural management.
Financial Overseer: Handles the financial operations including registration fees and arbitration deposits.
First Point of Contact: Facilitates all foundational communications and ongoing procedural discussions.
Arbitrator Support: Aids the Court with the crucial tasks of nominating, confirming, and appointing arbitrators.
🔹 AFSA International Court:
Supervisory Authority: Ensures the entire arbitration process adheres strictly to the designated rules without delving into case merits.
Decision Maker: Addresses significant procedural issues like arbitrator appointments and challenges.
Tribunal Support: Provides consistent support to the arbitral tribunal, guaranteeing that the arbitration conforms to AFSA’s rigorous standards.
🤝 Unified Operation: The Secretariat and Court work in concert—while the Secretariat handles day-to-day tasks, the Court oversees and makes critical procedural decisions. This synergy ensures that all arbitration proceedings under AFSA are managed with utmost efficiency and integrity.
✨ Whether you’re a legal professional, arbitrator, or part of an organization involved in arbitration, understanding the roles of these key entities under the AFSA International Rules will enhance your readiness and assurance in navigating the arbitration landscape.
🔗 Learn more about AFSA’s role in international arbitration https://lnkd.in/dQ6MqKBU#AFSAArbitration#LegalExcellence#Arbitration#DisputeResolution#AFSA#Africa#International Arbitration
Cooperation Agreements with the Club Español e Iberoamericano del Arbitraje (CEIA) and the International Arbitration Center of Madrid (CIAM - CIAR)
CEIA
We are pleased to announce that on the occasion of the Berlin Dispute Resolution Days, the DIS and the Club Español e Iberoamericano del Arbitraje (CEIA) have formalised their future cooperation. Dr. Ramona Schardt, LL.M. (UVA), Secretary General of the DIS, and Alfonso Iglesia, Club Español e Iberoamericano del Arbitraje (CEIA) signed a cooperation agreement on Wednesday during the CEA/CIAM/DIS Arbitration Group event “A comparative look at the arbitral practice in Germany, Spain and Latin America”.
CIAM
On the same occasion, the DIS and the International Arbitration Center of Madrid (CIAM) have formalised their future cooperation. Dr. Ramona Schardt, LL.M. (UVA) and Marta Lalaguna Holzwarth, Secretary General, International Arbitration Center of Madrid (CIAM) also signed an agreement strengthening future cooperations.
Both agreements aim to increase the visibility of arbitration and dispute resolution in international trade. They will facilitate the organisation of conferences, seminars and workshops and foster stronger ties between arbitration professionals in Spain and Germany.
We see great value in bringing together the leading Spanish and German arbitral institutions and look forward to strengthening the exchange and cooperation between our arbitral communities.
#GermanArbitrationInstitute#DIS#CEIA#CIAM#CIAR#InternationalArbitration#ArbitrationCooperation#ArbitrationSpain
VdA contributes to the publication "40 under 40 International Arbitration (2024)"
Iñaki Carrera contributes to the book "40 under 40 International Arbitration (2024)" edited by Carlos González-Bueno and published by Librería - Editorial Dykinson, S.L., with his insightful article "Party Representation in International Commercial Arbitration".
In this piece, Iñaki Carrera delves into the complexities of party representation, touching on ethical considerations and the relevant applicable rules.
The article is designed to engage readers in critical thought and discussion, offering a variety of questions and multiple viewpoints. The goal is to provide readers with a deep understanding that will enable them to develop their own informed perspectives.
The article is available here (https://lnkd.in/d_9kmEfz)
#VdA#representation#arbitration
My favourite two! ❤️