ANARBITRATIONAGREEMENTSAMPLE

1、1AN ARBITRATION AGREEMENT SAMPLEThis agreement is prepared as a sample agreement by taking possible circumstances intoconsiderationsand the parties may form their arbitration agreement pursuant to the Rules1.Thisarbitrati onagreeme ntismadebetween . residing at the addressof .and.residing at the add

2、ressof .,and the parties who have enacted the Agreement,herei nafter shall be referred to as THE PARTIES.(The address and titles of both parties shall be writte n in the bla nk spaces, if the con tract is signed by a real pers on (sole proprietorship), the n the n ame and surn ame of that pers on sh

3、all bewritte n.)2. The parties have agreed on the settlement of any dispute arising out of or in connectionwiththe.dated.subjecteAgreeme nt by arbitrati on through theTOBB Arbitration Cou ncil in accorda nee with the TOBB Arbitration Rules.The parties, by reading the Rules, shall declare that they h

4、ave accepted to comply with its terms,obligati ons and con seque nces beforeha nd.(It is required for the parties to clearly state the subject and date of the agreeme nt of which theparties would like to seek the settlement of any dispute arose out through the TOBB Arbitrati onprocess, within the bl

5、a nk spaces. If there are more tha n one commercial agreeme nt betwee n theparties, the n they should prepare and sig n a separatearbitrati on agreeme ntfor each of them.)3.The parties have decided to have the arbitrati oncon ductedat.(The parties shall write the name of the city as the place of arb

6、itration in this section, if they wish.the Arbitration Council shall determine the place of arbitration, if there is no such determ in atio n ofthe parties.)4. The parties have agreed on.as the applicable law to this arbitrati on.(This article is important for the disputes arising out of internation

7、al commercial agreements. Theparties shall state the name of the country, if they agree on whose law be applicable. If there is nosuch agreeme nt on this matter, the n the arbitrator(s) shall, by himself, determ ine the law to beapplied. It is natural to apply the Turkish Law to the arbitration betw

8、een the Turkish compa ni es.)5. The parties each undertake to pay half of the arbitration expensesthat shall be notifiedsubsequentto filing the suit before the TOBB Arbitration Council as an advance payment.1An example of the Arbitration Clause that will be placed in the commercial agreements has be

9、en shown in the section onductionto TOBB Arbitration”in this book.Each party also undertakes to pay his share of the total expenses determined within the ArbitralAward approved by the Council.In the case where the defendant does not pay half of the advance payment, then the claimant shallbe obliged

10、to pay the total advance payment amount.6. It is determined by the parties that disputes shall be settled by. arbitrator(s).(The above blank space, depending on the disputes settled by a sole arbitrator or more than onearbitrator, shall be filled accordingly.)OPTIONAL TERMS7. a) The parties have agr

11、eed on the appointment of a sole arbitrator by the TOBB ArbitrationCouncil.(This article shall be included, if the parties agree on the disputes settled by a sole arbitrator andwho is appointed by the TOBB Arbitration Council.)7.b) The parties have nominated, as the sole arbitrator, . residingat the

12、 address of .However, in the case where the sole arbitrator is not approved by the TOBB Arbitration Council,then the parties accept that the arbitrator shall be appointed by the Council.(This article shall be included in the case of an agreement between the parties for the solearbitrator beforehand.

13、)7.c) The parties accept to nominate the sole arbitrator by themselves within 30 days from thenotification of the arbitration request to the defendant and the appointment of the sole arbitrator bythe Council if the parties cannot agree on the nomination of the sole arbitrator or in the case wherethe

14、 nomination of the sole arbitrator by the parties is not approved by the Council.(The provision within this article may be included in the agreement when the parties leave theappointment of the sole arbitrator until after the dispute occurs.)8.a)The parties accept to have one of the 3 arbitrators to

15、 be nominated by the claimant in itspetition of arbitration request and the second arbitrator to be nominated by the defendant in itsresponse and the third arbitrator to be selected by these two arbitrators within 15 days;The appointment of the arbitrators by the Council if the claimant or the defen

16、dant does not state thename of its arbitrator or if they leave the nomination of the arbitrators to the Council;The appointment of the third arbitrator by the Council, when the partiesarbristradto not nominatethe third arbitrator within 15 days.(This article may be included in the agreementin the ca

17、seswhere it is envisaged that the disputesbe settled by three arbitrators and the appointment of the two arbitrators by the claimant andthedefendant, and the third arbitrator by the partiesarbitrators.) 8. b)The parties accept to have one of the 3 arbitrators to be nominated by the claimant in its p

18、etition ofarbitration request and the second arbitrator to be nominated by the defendant in its response andthe third arbitrator to be nominated by the Council;The arbitrators appointed by the Council in the cases where the plaintiff or the defendant does notnominate an arbitrator or if they leave t

19、he appointment of the arbitrators to the Council.(This article may be included in the agreement in the cases where the appointment of the thirdarbitrator is left to the TOBB Arbitration Council).8.c) The parties agree upon the appointment of all three arbitrators by the TOBB ArbitrationCouncil.(This

20、 article shall be included if the appointment of three arbitrators is completely left to the TOBBArbitration Council.)9. The parties accept to sign the Terms of Reference to be drawn up in the presence of thearbitrator(s) upon the invitation of the arbitrator (or the Chairman of the Arbitral Tribunal), that thearbitration procedures shall still continue without interruption and be effectual even if they abstainfro