The Regulation on the Amendment of the Regulation of the Consumer Arbitration Committees has been published by the Ministry of Trade in the Official Gazette dated 10.04.2020 and numbered 31095. The regulations in the new regulation published are as follows:
ARTICLE 1 – The following provisional article has been added to the Consumer Arbitration Committees Regulation published in the Official Gazette dated 27/11/2014 and numbered 29188:
“Stopping meetings and some deadlines
PROVISIONAL ARTICLE 3 – (1) In order to prevent loss of rights that may arise in relation to the working procedures and principles of consumer arbitration committees due to the presence of COVID-19 pandemic disease in our country;
a) The meeting of consumer arbitration committees, which convenes not less than twice a month, in accordance with the first paragraph of Article 13, shall stop from the date of entry into force of this article,
b) The periods given for the submission of the information and documents requested in accordance with the third paragraph of Article 12, the periods given to the experts to prepare their reports in accordance with the second paragraph of Article 21, the periods determined for the notification of the decisions of the consumer arbitration committees to the parties in accordance with the first paragraph of Article 25 and the second paragraph of Article 27, shall stop from the date of 13/3/2020 (including this date),
Until the date of 30/4/2020 (including this date). The periods given in the subparagraph (b) of this paragraph shall start from the day following the day on which the stopping period ends. If fifteen days or less remain as of the starting date of the stopping period for the submission of information and documents, these periods are considered to have extended for fifteen days starting from the day following the end of the stopping period.”
ARTICLE 2 – This Regulation shall enter into force on the date of its publication.
ARTICLE 3 – The provisions of this Regulation shall executed by the Minister of Trade.
A brief evaluation the stopped periods until the specified dates due to COVID-19 in the paragraph (b) of Provisional Article 3 added to the Regulation:
- Periods given for the submission of the information and documents requested in accordance with the third paragraph of Article 12: Consumer Arbitration Committees may request all kinds of information and documents regarding the dispute within the scope of their authority to request information and documents from the parties, related persons, institutions and organizations. A maximum of thirty days from the date of notification is given for the presentation of the requested information and documents. This period can be extended if requested and deemed appropriate by the consumer arbitration board. With the new regulation, these deadlines have been stopped from 13/03/2020 (including this date) to 30/04/2020 (including this date). As stated in the regulation, if fifteen days or less remain as of the starting date of the stopping period for the submission of information and documents, these periods will considered to have extended for fifteen days starting from the day following the end of the stopping period.
- Periods given to the experts to prepare their reports in accordance with the second paragraph of Article 21: In cases where the solution requires special or technical knowledge, the chairman of the consumer arbitration board may appoint an expert, upon the request of one of the parties, or ex officio. According to the related article; the period to be given to the expert for the preparation of the report may not exceed fifteen working days from the notification of the expert appointment decision to the expert. This period may be extended by the head of the consumer arbitration committee for a period not exceeding fifteen working days upon the request of the expert. With the new regulation, these periods have also been stopped from 13/03/2020 (including this date) to 30/04/2020 (including this date).
- The periods determined for the notification of the decisions of the consumer arbitration committees to the parties in accordance with the first paragraph of Article 25 and the second paragraph of Article 27: The decisions of the consumer arbitration board shall notified to the parties in writing within ten working days from the date of the decision and in accordance with the provisions of the Notification Law numbered 7201 dated 11/2/1959. If a correction decision is made, correction decisions shall also notified to the parties within ten business days. With the new regulation, these periods have also been stopped from 13/03/2020 (including this date) to 30/04/2020 (including this date).