NEWSLETTER-2019-metin

164 NEWSLETTER 2019 the proceedings; (ii) parties may make reference to any law in the determination of such procedure; (iii) parties may make reference to international (IBA Rules or Prague Rules) or institutional (ICC Rules, ITOTAM Rules, ISTAC Rules, etc.) arbitration rules; (iv) procedure agreed upon by the parties is subject to the mandatory provisions of the TIAL; (v) if there is no such agreement between the parties, an arbitral tribunal shall conduct the proceedings in accordance with the provisions of the TIAL; and (vi) parties shall have the same rights and powers, meaning that each party shall be accorded full opportunity to assert their petitions and defenses. Most Commonly Used Procedural Rules and Their Approach on Seeking Court Assistance Almost all institutional arbitration rules regulate procedural rules as to evidence. Only a few of them, however, refer to court assistance in terms of taking evidence. For instance, Article 25 of the ICC Rules provides that the arbitral tribunal shall proceed within as short a time as possible to establish the facts of the case by all appropriate means, and at any time during the proceedings, the arbitral tribunal may summon any party to provide additional evidence. Likewise, Article 29 of the ISTAC Rules also states that the arbi- tral tribunal shall consult all means it deems to be appropriate in order to establish the facts of the case, and the arbitral tribunal may request the parties to submit any additional information and documents during the course of the proceedings. As to court assistance, the ITOTAM Rules are one of the few that explicitly mentions such interaction. Articles 26 through 30 of the ITOTAM Rules state that the arbitral tribunal may ask the parties to submit their evidence, hear witnesses, conduct discovery and appoint experts. As per Article 30, the parties may also apply to any competent judicial authority for interim or conservatory measures before the file is transmitted to the arbitral tribunal or, in certain circumstances, after receipt of the file by the arbitral tribunal.