Mediation in Turkmenistan

Quick Facts

• Legal Framework: Mediation in Turkmenistan is not extensively documented in available sources. The country's dispute resolution framework primarily focuses on arbitration rather than mediation. International commercia...
• Cultural Approach: The dispute resolution framework in Turkmenistan reflects Soviet-era legacy where state arbitration courts handled commercial disputes between state enterprises. The concept of international arbitrati...
• Typical Costs: Specific fee structures for mediation in Turkmenistan are not documented in available sources. Given the absence of formal mediation regulations, there are no documented mediator fees or cost structur...

Mediation Research

Legal Framework

Mediation in Turkmenistan is not extensively documented in available sources. The country's dispute resolution framework primarily focuses on arbitration rather than mediation. International commercial arbitration is governed by the International Commercial Arbitration Law (ICA) and other relevant domestic laws. Domestic law formally established a procedure for settlement of certain civil disputes through arbitral tribunals in the Directive on the Arbitral Tribunal, published as Annex 1 to the Civil Procedure Code of 1963, which was redrafted to be effective from July 1, 2016. The Arbitral Procedure Code of Turkmenistan (new edition of March 13, 2021) governs arbitral proceedings performed by velayatsky courts, court of the city with welayat rights, Arbitration Court of Turkmenistan and the Supreme Court of Turkmenistan by dispute resolution following from economic and administrative legal relationships. State arbitration courts, also known as state commercial dispute settlement courts, represent a deeply rooted Soviet legacy in the legal system. Turkmenistan is a civil law country with laws hierarchically organised, with the Constitution of Turkmenistan at the top.

Court System

The Arbitral Procedure Code of Turkmenistan establishes that arbitral proceedings are performed by velayatsky courts, court of the city with welayat rights, Arbitration Court of Turkmenistan and the Supreme Court of Turkmenistan by dispute resolution following from economic and administrative legal relationships and other legal relationships. State arbitration courts (state commercial dispute settlement courts) are a Soviet legacy where the state-run quasi-judicial system of arbitrazh courts resolved disputes between state enterprises while disputes involving individuals were settled in state courts. The Civil Procedure Code of 1963 included the Directive on the Arbitral Tribunal as Annex 1, which was redrafted effective July 1, 2016. The relationship between courts and arbitration reflects the Soviet-era approach where state arbitration courts handled commercial disputes between state enterprises.

Mediator Regulations

Specific mediator regulations for Turkmenistan are not documented in available sources. The legal framework appears to focus on arbitration rather than mediation as a formal dispute resolution mechanism. No specific certification requirements, training programs, or regulatory bodies for mediators are documented in available sources. The absence of documented mediation regulations suggests that mediation may not be formally established as a distinct dispute resolution mechanism in Turkmenistan's legal system. The focus on arbitration courts and the International Commercial Arbitration Law indicates the primary alternative to court litigation is arbitration rather than mediation.

Cultural Approach

The dispute resolution framework in Turkmenistan reflects Soviet-era legacy where state arbitration courts handled commercial disputes between state enterprises. The concept of international arbitration as a means of settling disputes is described as a relatively new idea in Central Asia. For a while, the domestic law of Turkmenistan did not identify arbitration as a means of dispute resolution. The cultural approach to dispute resolution appears to be rooted in state-controlled mechanisms rather than private mediation. The focus on state arbitration courts and the relatively recent adoption of international commercial arbitration indicates a cultural preference for formal, state-sanctioned dispute resolution processes over informal mediation.

Typical Costs

Specific fee structures for mediation in Turkmenistan are not documented in available sources. Given the absence of formal mediation regulations, there are no documented mediator fees or cost structures. The state arbitration court system would have fee structures determined by the state. No specific hourly or daily rates for mediation are documented. No specific cost provisions are documented in available sources.

Sources

• Turkmenistan Accedes to the New York Convention (organization)
• Arbitral Procedure Code of Turkmenistan (new edition) (organization)
• A Research Guide to the Turkmenistan Legal System (organization)
• Law of Turkmenistan on Foreign investments (organization)
• Constitution of Turkmenistan (organization)
• Turkmenistan Arbitration (organization)
• Singapore Convention on Mediation - Jurisdictions (organization)

States and Regions