Preliminary Application to the Insurer and the Insurance Arbitration Commission
The Insurance Arbitration Commission (Sigorta Tahkim Komisyonu) is a special dispute resolution system that, within the framework of Law No. 5684 on Insurance (Sigortacılık Kanunu), examines through arbitrators certain disputes arising from insurance contracts and from claims directed at the Guarantee Account (Güvence Hesabı). Before applying, a written request must be made to the relevant insurer and a negative reply received, or the response period prescribed in the legislation must have expired.
Our work within insurance arbitration:
- Preparing the preliminary application to the insurer and the items of the claim
- Checking the application date, the policy, the risk and the insurer’s arbitration membership
- Reviewing the special arbitration conditions for compulsory insurance
- Assessing the claim amount, the start of interest and the strategy for an indeterminate or partial claim
- Presenting evidence of fault, disability, support, earnings, damage and diminished value
- Responding to the insurer’s answer and objections
- Objecting to expert or actuary reports
- Following the proceedings before the arbitrator or arbitral panel
- Review of objection and appeal under the monetary limit applicable on the application date
- Enforcement of the arbitrator’s decision and its implementation after legal remedies
It should not be assumed that the arbitration route is more suitable than a court in every file. The subject of the dispute, its parties, the necessary evidence, the scope of the expert examination, the monetary limits, the availability of legal remedies, the time and the costs are compared together.
Insurance Litigation, Mediation and Legal Remedies
In an insurance dispute, the court with subject-matter jurisdiction is determined by the capacity of the parties and by whether the transaction is a consumer transaction or a commercial matter. In some monetary receivable and compensation claims, applying to mediation before filing a lawsuit may be a condition for suing. The choice among insurance arbitration, the consumer arbitration committee (tüketici hakem heyeti), the consumer court, the commercial court of first instance (asliye ticaret mahkemesi) or other competent authorities must be made on the specific facts.
Our work in litigation and proceedings:
- Collection of insurance compensation and balance receivable actions
- Disputes over policy scope, exclusions and termination
- Declaratory actions, actions for negative declaratory judgment and actions for recovery of payment
- Recourse and subrogation actions
- Liability of the insurance agent, broker or distribution channel
- Mediation talks as a condition precedent to litigation
- Interim injunction and preservation of evidence
- Objection to expert, actuary and appraiser reports
- Appeal (istinaf), appeal to the Court of Cassation if the conditions are met, and implementation of the judgment
Before arbitration or filing a lawsuit, the statute of limitations, preclusive periods, the preliminary application and the mediation requirements are each checked separately. The binding effect of a jurisdiction or arbitration clause in the policy on the consumer, the insured and third parties is also assessed separately.
Preliminary Application Timeline for Arbitration
First a written application is made to the relevant insurer; the application, its annexes and proof of delivery are kept. If the claim has not been satisfied or no reply has been given, the application requirements are checked. In the Commission’s explanation, the waiting period for a reply is set at 15 days for traffic insurance and 15 business days for other lines. A definitive negative reply, missing documents and special regulations are examined separately in the file.
Membership and earlier applications
In voluntary insurance, the insurer’s membership in the system and the date of the risk matter. The statutory exception for compulsory insurance is assessed separately. If the same dispute has previously been brought before a court, the consumer arbitration committee or the relevant arbitration route, this may bar an application to the Commission.
Which date applies to the monetary limit?
According to the Commission’s announcement of March 19, 2026, the application date is used for the objection and appeal limits, and the date on which the panel was formed is used for the limit concerning the formation of the arbitral panel. Transitional provisions and current amounts are checked on the date of the file. A decision on legal remedies should not be made on the basis of a monetary amount in an old article.
Is arbitration free of charge, and when does it end?
There are application fees and, when necessary, expert fees; attorney’s fees are separate from these. The statutory period for a decision after the file reaches the arbitrator is not a guarantee that the preliminary examination, notification, objection and collection stages will all be completed. Before the application, the current tariff and the possible risk of an adverse award of the opposing party’s attorney’s fees are explained.