March 2010
The Act numbered 5951 “The Act regarding Alteration to be made in some acts and the Law on Procedure of Collection of Public Receivables” has been published in the Official Gazette dated 5th February 2010.
With article 8th of the present act, article 12 of Act regarding Foreigners’ Work Permit have been changed as follows “Foreigners who reside abroad may apply to Turkish Embassies in the country where they live in for the work permit. The Embassy forwards applications to the Ministry. The Ministry evaluate applications by taking opinions of the related institutions. The work permit is given to foreigners whose applications have been approved. The work permit becomes effective when work visa and residence permit are obtained. The foreigner who obtained the work permit should apply for entrance visa to the country in at least 90 (ninety) days and apply to the Home Office for residence permit in 30 (thirty) days upon arrival in the country.
If foreigner has a valid residence permit in Turkey then foreigner or his employer may also apply to the Ministry in Turkey.
Applications are concluded in 30 days at the latest by the Ministry if they made duly and all documents presented are complete and full.”
The notice on International Arbitration Fee Tariff has published in the Official Gazette numbered 27502 and dated 23rd of February 2010.
According to the notice on International Arbitration Fee Tariff, in compliance with the International Arbitration Act, the provisions of notice on the arbiter fee and arbitral tribunal fee will be applicable if there is no agreement concluded between parties and arbiter/ or arbitral tribunal on determining the fee or if there is no provision for determining the fee in arbitration agreement or if the parties have not referred any international rules on the fee or the institutional arbitration rules. The arbiter fee responses all work and transactions which have been made from the beginning of the arbitration until the final decision is given. As a consequence the fee is deemed to be earned at the end of arbitration.
The arbiter and arbitral tribunal will have the half price tariff fee if the case subject is not any more actionable, if waive and compromise is made before the arbiter and arbitral tribunal had provided a time limit to the parties for submitting their evidences. However if the mentioned time limit has been already given then the full fee is decided.
If the arbiter and the arbitration tribunal have partially decided about the case then the fee will be determined in consideration of the partial dispute amount. However, if the partial decision is a final decision then the full fee is given.
The notice refers to the International Arbitration Act for the situations when the fee is not payable partially or fully.
In case cancellation of the case is accepted, if there is not any appeal made against the acceptance decision and if the previous arbiter has been reappointed then the ¼ of fee in the tariff is decided.
According to the notice the fees to be determined is calculated in compliance with the below table:
|
DISPUTE AMOUNT
|
FEE
|
|
ONLY ONE ARBITRATOR
|
THREE OR MORE ARBITRATOR
|
|
0 - 500.000,00 TL
|
%5
|
%8
|
|
500.000,01 -
1.000.000,00 TL.
|
%4
|
%5
|
|
1.000.000,01 -
2.000.000,00 TL.
|
%3
|
%4
|
|
2.000.000,01 -
5.000.000,00 TL
|
%2
|
%3
|
|
5.000.000,01 -
|
%1
|
%2
|
The present notice has come into effect on 15th of March 2010.
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