Arbitration path in Turkish Insurance Law was first envisaged with the 30th article of the Insurance Law (“SK”) numbered 5684 on 03.06.2007.
According to the SK, the Insurance Arbitration System is based on the voluntary participation of insurance institutions. The issue of being a member of the Insurance Arbitration Commission is left to the will of the insurance institutions. According to article 30 of the SK, those who want to become a member of the insurance arbitration system must inform the Commission in writing. The person who falls into conflict with the institutions that are members of the insurance arbitration system can benefit from the arbitration procedure even if there is no special provision in the contract.
The article envisages the establishment of an Insurance Arbitration Commission before the Union in order to resolve disputes arising between the insurer or beneficiary of the insurance contract and the beneficiary of the insurance contract or the account beneficiary and the Account.
Accepting the arbitration authority of the insurance commission as a condition to apply to the Insurance Arbitration Commission does not apply to disputes arising from insurance policies on compulsory insurance. Accordingly, the rights holders can benefit from the insurance arbitration procedure even if the related institution is not a member of the insurance arbitration system for the disputes under this paragraph arising from the insurance required by the relevant legislation.
It should be noted that those who want to file an appeal against the insurance institutions can also claim these rights before the court. In this case, the insurance institution cannot appeal the arbitration first. For this reason, some writers in the doctrine call the insurance arbitration system stipulated in Turkish Insurance Law as “relative compulsory arbitration system”.
Who Can Apply?
They refer to the SK Insurance Arbitration Commission as “Persons who take out insurance or benefit from the insurance contract”. In this way, applying to the NGO is not only granted as an authority for the insurers, but those who benefit from the insurance contract are also given the right to seek rights before the NGO.
According to the article, in accordance with the provisions of the courts and the Law on Consumer Protection, no application can be made to the Commission for disputes related to disputes which have been received by the Consumer Problems Arbitration Panel.
Advantages of Applying to the Insurance Arbitration Board
Article 427 of the Civil Procedure Law No. 6100 regulates the general duration of arbitration cases. Accordingly, unless the parties decide otherwise, in cases where more than one referee will be appointed in cases where an arbitrator will serve, within one year from the date of the first meeting minutes of the arbitral committee, the arbitrator or the arbitrator board must decide on the merits.
In the law enforcement insurance arbitration, it has shortened this period to 4 months. According to the system envisaged by the SK, if the referees cannot resolve the dispute within this period, the dispute will be settled by the competent courts. It should be noted that 4 months