Consumer Arbitration Committees Regulation (the “Regulation”) is published in the Official Gazette dated 21 September 2022 and numbered 31960. The Regulation abolished the former Consumer Arbitration Committees Regulation published in Official Gazette dated 27 November 2014 and numbered 29188. The Regulation will also be applicable for unresolved applications to the consumer arbitration committees before the Regulation’s enforcement date. The Regulation encourages for more disputes to be resolved without resorting to the judicial proceedings.

Enforcement

Articles 11/5 and 26 of the Regulation will enter into force on 1 January 2023, whereas other provisions will into force on 1 October 2022. 

Scope

The Regulation aims to govern consumer arbitration committees’ establishment along with working procedures and principles. 

Amendments to the Previous Legislation and Details

• Provincial consumer arbitration committees are competent in provincial borders and district consumer arbitration committees in district borders. Therefore, previous division in terms of monetary limits of the dispute is abolished. 
• Under the Regulation, it is mandatory to apply to consumer arbitration committees for consumer disputes under monetary limit of TRY 30,000, given that parties’ rights under the Law of Enforcement and Insolvency are preserved.  The application amount shall be expressed in Turkish Lira. Regarding disputed surpassing the monetary limit, parties could apply to consumer arbitration committees by waiving the excess amount.
• Applications can be made to the consumer arbitration committee in the place of the applicant’s residence or where consumer transaction had taken place.
• Eligibility of the foreigners to apply to the consumer arbitration committees was explicitly expressed by referring to the possibility of using the passport number or foreign identity number during the application.
• If there is a deficiency or inconsistency in the mandatory information required during the application, additional information or documents will be requested in writing from the applicant to be submitted within seven days. 
• “Consumer Information System” will be utilized for the applications and for works of consumer arbitration committees, whereas applications by hand or by post will subsequently be recorded to this system. 
• Written requests for information and documents by consumer arbitration committees and their decisions will be electronically notified to the parties primarily. Similarly, written responses will be sent to KEP addresses of consumer arbitration committees. 
• Consumer arbitration committees will convene in the presence of the president or, otherwise, in presence of three members including the representative of the bar.
• Consumer arbitration committees will enquire without holding a hearing. The decision of the committees will be final and binding upon the parties. 
• A new application of a dispute subject, reason and parties of which are the same cannot be filed.
• A new application of a dispute whose subject, reason and parties of which are the same as the previous final decision of a consumer arbitration committee will be declined. Matters related to the rectification of the decisions by committee acting ex officio or by the written appeal of one of the parties will be concluded by the consumer arbitration committee on a preferential basis.
• The completion of the decision regarding matters which were not present in the first application, could be requested in fifteen days after the notification of committee’s decision.  Committee will conclude matters related to the completion of the decision on a preferential basis.
• Committee’s decisions may be enforced as the execution of judgements. The decision of the committee may be appealed to the consumer court in the place of the applicant’s residence, as well as the consumer court where consumer arbitration committee is located, in fifteen days after the notification of the committee’s decision.
• In case of the cancellation of the decision because of the service of a document or information, which had been present, but not submitted to the arbitration committee, to the consumer court. Court expenses and attorney fees cannot be ruled at the expense of the consumer. 
• In case where the committee declares that there is no room for decision as the subject of the dispute is dropped, expert and notification fees shall be paid to the relevant tax office in one month after the notification of the decision by the party who made the declaration for waiver or acceptance. If the party who made the declaration for waiver or acceptance is the consumer, expert and notification fees would be borne by the Trade Ministry (“Ministry”).
• Expert and notification fees shall be paid to the relevant tax office in one month after the notification of the decision. The obligation to submit the payment receipt to the consumer arbitration committee is abolished.  The Ministry will bear these expenses if committee’s decision is not in favor of the consumer.  
• Decision period could be extended for three months at most.