THE PROBLEM OF ATTORNEY FEE IN INSURANCE ARBITRATION JURISDICTION AND SUGGESTIONS FOR SOLUTIONS TO THE PROBLEM

Abstract

Various legal disputes in the insurance sector in addition to the courts, it is also resolved by the arbitration institution, which is one of the alternative dispute resolution methods. Insurance arbitration proceedings aiming to resolve disputes arising from insurance contracts between insurance companies called insurers and those who benefit from insurance, are carried out under the umbrella of the Insurance Arbitration Commission established with Article 30 of the Insurance Law No. 5684. Insurance and appeal arbitrators within the Insurance Arbitration Commission; It decides the disputes arising from the insurance contract like a judge within the framework of the provisions of the relevant legislation, and these decisions given by the arbitrators can be executed like a court decision. While the decisions made by the insurance arbitrators or by the arbitration committees of the disputes, which consist of more than one insurance arbitrator depending on the amount of the dispute, are open to appeal inspection within the general judicial mechanism, some decisions are final in terms of amount.

In insurance arbitration proceedings, the parties can have themselves represented by a lawyer. In this case; At the end of the trial, attorney's fees are awarded in favor of or against the parties. Attorney's fee to be awarded in insurance arbitration proceedings The Minimum Attorneyship Fee Tariff is regulated in the Insurance Law and the Regulation on Arbitration in Insurance. Since there are clear and unclear provisions regarding different conclusions regarding attorney's fees in these three different legislations, it is seen that the attorney's fee awarded in insurance arbitration proceedings differs and there is no uniformity regarding attorney's fees in arbitral awards. This situation leads to different decisions regarding the attorney's fee in two similar cases, leading to legal uncertainty and unpredictability.

In the study, it will be examined why the attorney fees awarded for the parties in insurance arbitration proceedings differ, and the damages caused by this legal uncertainty to the insurance arbitration institution will be discussed.