Judgment in insurance arbitration and assessment of the suitability of arbitration for insurance disputes

Insurance Arbitration Commission has been assuming an important role in the insurance dispute resolution. Insurance Arbitration Commission and arbitrators are engaged in disputes resolution in line with Insurance Law, Code of Civil Procedure and Regulation on Insurance Arbitration. The provision that the arbitrators will decide on the disputes with the documents only presented to them constitutes the main topic of this academic study. In this context, insurance sector and insurance law history are examined in the first part of the study. In the second part, alternative disputes resolutions, arbitration and arbitration provisions contained in the Code of Civil Procedure are studied in detail. Arbitration culture with respect to historical development and its application to the current dispute resolutions are analyzed. In the third part, Insurance Arbitration Commission, together with its functioning principles and procedures are studied. The characteristics of insurance branches and insurance fraud which are common in Turkey are investigated thoroughly. Then the disputes resulted during the judgment and their resolutions without violating the rights like right to be heard, principle of equality of the parties and right to have fair trial are covered in the fourth part. In this part, firstly four insurance branches which are chosen in accordance with the information provided by Turkish Insurance Arbitration Commission quarterly reports are shortly explained. Secondly the suitability of arbitration of four insurance branches are discussed. Investigation proceedings for insurance disputes are examined to provide legal predictability and legal security. As a conclusion, challenges in Insurance Arbitration Procedures are presented and solutions to them are recommended.