Arbitration proceedings under International Chamber of Commerce 2021 arbitration rules

In our globalized world, the fact that countries are interacting more with each other has caused the citizens of those countries to establish legal relations on a wider scale with one another. This situation has increased the number of disputes that arose. Especially since the disputes between actors belonging to different countries create an international relationship, the matter of which rules are going to be applied and how the dispute will be resolved becomes a significant issue. In an international relationship, no one will want to resort to the state judgment of the other party's country. As such, resolution of disputes arising between international actors is generally carried out by alternative dispute resolution methods rather than state judicial bodies. One of the most commonly used methods among these alternative dispute resolution methods is arbitration. Arbitration includes ad-hoc arbitration, where the parties determine all the rules to be applied to the proceedings by their own free will and an institutional arbitration, where the parties resolve their disputes within the framework of the arbitration rules determined by a particular arbitration institution. The most common type of arbitration among these institutional arbitration types is the ICC Arbitration carried out within the framework of the Arbitration Rules of the International Chamber of Commerce. The institutional history of the International Chamber of Commerce and its expertise in international trade are among the most important reasons for the preference of MTO Arbitration. In this context, ICC Arbitration is an alternative dispute resolution method in which the judicial activity is carried out by independent, impartial and expert arbitrators, the parties have an extremely wide say in the judicial process and is more flexible than the state judiciary. As such, MTO Arbitration includes many regulations that will eliminate the suspicion of impartiality, ignorance or unpredictability. Although the ICC Arbitration Rules leave many issues such as the applicable laws, the number and selection of arbitrators, the number and scope of the evidence to be presented and the hearings to be made to the free will of the parties, they contain regulations that will guide the parties and ensure the conduct of the arbitral proceedings in the case of disagreement in these areas. In addition, ICC did not leave certain matters to the free will of the parties and has made certain issues to be conducted in accordance with the ICC Arbitration Rules mandatory. In cases where the amount of the dispute is less than a certain amount, the application of expedited arbitration provisions, the scrutiny of the awards by the ICC Arbitration Court or the time limit set for the rendering of the final award can be given as examples. In this context, ICC aims to resolve the dispute between the parties that apply to ICC Arbitration in the fastest and healthiest way. Both the expertise of the ICC and the experience of resolving thousands of disputes every year have made ICC Arbitration one of the most reliable alternative dispute resolution methods in international trade.