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INSURANCE ARBITRATION COMMISSION

August 26, 2022

INSURANCE ARBITRATION COMMISSION The Insurance Arbitration Commission is the commission that evaluates applications for the resolution of disputes arising from insurance contracts . Insurance contracts are agreements made between the insured person and the insurance company, and these contracts are generally not made in a specific form. The biggest advantage of choosing the Insurance Arbitration Commission is that it is a cheaper and less difficult method compared to filing a lawsuit. The provisions of the Insurance Law No. 5684 (especially Article 30), the Turkish Commercial Code No. 6762, the Turkish Code of Obligations No. 6098, and the Code of Civil Procedure No. 6100 are applicable. Insurance arbitration is not mandatory; it is optional. A judge is appointed by the Insurance Arbitration Board to resolve the dispute, and the decision given by the commission has the force of a court decision. For a dispute to go to the Commission, the person in dispute with the insurer must have made the necessary applications to the insurer and received a negative response, or if the insurance company does not provide a written response within fifteen days of the application, an application can be made to the commission. To apply for arbitration, the dispute must not have been brought before a court, the Consumer Arbitration Board, or other arbitration mechanisms stipulated by law . To apply to the Commission, the dispute must not have occurred before the date the insurance company became a member of the arbitration system. Applications to the Commission must be made by completing a form. The insured person or those with an interest in the insurance can apply to the Insurance Arbitration Commission. Insurance companies wishing to become members of the arbitration system must notify the Commission in writing . Those who have a dispute with companies that are members of the insurance arbitration system can benefit from arbitration even if their contract does not contain a specific clause allowing for arbitration . Applications to the Insurance Arbitration Commission can be made to the Commission's headquarters, the applicant's place of residence, or the office where the risk occurred. The application can be made directly by the person in dispute with the insurer or by their representative. There is no specific time limit for applying to the Insurance Arbitration Commission; however, the ten-year statute of limitations under the Turkish Code of Obligations also applies. As of January 15, 2022, applications to the Commission are accepted only online. The required documents for arbitration applications are: the application form, the negative response letter received from the insurance company , and a document proving that the insurance company did not provide a written response within fifteen days of the application . The Commission may request additional documents. The application fee increases depending on the amount paid. For disputes up to 5000 TL , the fee is 100 TL; between 5001 TL and 10000 TL, it is 250 TL; between 10001 TL and 20000 TL, it is 350 TL; and for disputes exceeding 20001 TL, the application fee is 1.5% of the dispute amount. The application is first reviewed by a rapporteur. This review primarily concerns whether the application meets the formal requirements. The rapporteur completes their review within fifteen days and, if they cannot reach a decision on the merits of the dispute, sends it to the insurance arbitrator. Arbitrators are selected by the Commission from the insurance arbitrator list. A panel must be formed if the insurance dispute exceeds 15,000 TL. Arbitrators must render a decision within four months of their appointment. If the arbitrators fail to reach a decision within four months, the dispute is resolved by the court. For disputes up to 5,000 TL brought before the Commission, the Commission's decision is final and cannot be appealed. For disputes between 5,000 TL and 40,000 TL, an appeal against the Commission's decision may be made once , but within ten days. For disputes exceeding 40,000 TL, the decision against the appeal may be appealed to the Court of Cassation.

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