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Arbitration Clauses in Turkish Law

Arbitration Clauses in Turkish Law According to Turkish law, the arbitration clause has a very important role during the interpretation and/or implementation of any contract in Turkey. Considering the fact that arbitration is a very popular dispute resolution mechanism in Turkey the parties of any international or local contract should pay attention in terms of the drafting of an appropriate arbitration clause in their contracts in Turkey.Especially foreign parties of a contract should receive advice from a well-known arbitration...

The Impact Of The Covid-19 Pandemic In Turkey

THE IMPACT OF THE COVID-19 PANDEMIC IN TURKEY Attorney Arzu Ongur - Attorney Selva Korkmazcan Işık* OVERVIEWSince the detection of the first case in Turkey on March 10, the coronavirus pandemic had a profound effect on social, financial, business, and legal life, similar to the rest of the world. According to the statistics provided by the Ministry of Health, as of June 21, 2020, 187.685 cases have been confirmed in Turkey while 4,950 deaths are reported. The measures adopted by the government throughout the pandemic have...

İTALYA’DA ŞİRKET KURULUŞU

İTALYA'DA ŞİRKET KURMAK Giriş Son dönemde, Türkiye ve İtalya arasındaki ekonomik ve ticari ilişkilerin gelişmesi, Türkiye’nin ve Türk aktörlerin uluslararası ticari hayatta giderek daha fazla yer almaya başlamıştır. Bu gelişmeler neticesinde Türk ve İtalyan Şirketlerin karşılıklı faaliyetleri artmıştır. Bahse konu bu faaliyetlerin içerisinde, şirket kuruluş prosedürleri önemli bir yer teşkil etmektedir. Öyle ki İtalya’da şirket kuruluşu konusunda hizmet veren avukatlar olarak hukuk büromuza sıklıkla bu konuda sorular...

COMPANY FORMATION IN ITALY

IntroductionTurkish and Italian businesses’ interaction and mutual operations are on the increase, thanks to the development of the economic and commercial relations between the two countries and the Turkish business actors’ increased presence in the international commercial world. In the context of these operations, company establishment procedures play an extremely important role, so much so that, as lawyers who are specialized in company formation in Italy, we frequently receive questions regarding these issues. It is particularly...

ICSID TAHKİMİ VE TÜRKİYE

ICSID TAHKİMİ VE TÜRKİYEI.GİRİŞyüzyılda gelişen uluslararası ekonomik ilişkiler, beraberinde ihtilafları da getirmiştir. Bu ilişkilerden doğan uluslararası nitelikte ihtilafların, devlet yapısı içinde çözümü ise bazı devletlerin ve kurumların bir başka devletin mahkemesinin yetkisini kabul etmeyi kendi egemenliğine aykırı sayması sebebiyle imkansız hale gelmiştir. Uluslararası ekonomik uyuşmazlıklar hakkında karar verecek uluslararası mahkemelerin olmaması nedeniyle de, devlet yapısı dışında ve uluslararası bir çözüm platformu...

Enforcement of Arbitral Awards in Turkey

One of the main concerns regarding arbitration cases might be the enforceability of awards. A common misconception might be that arbitration does not have the same legal force as a court order. With the growing numbers of arbitration cases and the international companies’ and parties’ overwhelming preference of arbitration, that concern shouldn’t be an issue.To make arbitration awards easily enforceable, significant steps have been taken with the 1958 New York Convention on the Enforcement of Arbitral Awards. Although arbitration is a...

The Procedure For Foreigners To File a Lawsuit In Turkey

The procedure for a foreigner to file a lawsuit in Turkey is not very different from the procedure a Turkish national would follow when taking the same action before a Turkish court. However, two regulations need to be considered during filling a lawsuit by a foreigner to better clarify some technical differences regarding filling a lawsuit in Turkey. Firstly, Article 84 of Turkish Code of Civil Procedure, numbered 6100, stipulates that “security in an adequate amount should be provided to prevent any possible loss on the...

Fidic Contracts and Arbitration

FIDIC which stands for “Fédération Internationale Des. Ingénieurs-Conseils” (International Federation of Consulting Engineers”) is an international organization endeavoring to ensure standards in the engineering sector.Today the standard form contracts issued by FIDIC for the construction and engineering sectors are widely used all over the world in order to have standardized texts and a shared understanding of obligations. In this context, FIDIC has issued different types of contracts for different project needs. These consist of;...

Turkish Inheritance Law

This paper aims to introduce brief information regarding fundamental principles of Turkish inheritance law, and official procedures regarding inheritance proceedings. Before taking any decision on your heir ship rights in Turkey, we highly recommend obtaining clear advice from a Turkish inheritance lawyer to avoid and complexity.It is a fact that foreign parties involved heritage cases, implementation of a testament or last will in Turkey, and distribution of the heritage requests are increased dramatically. Therefore we receive many...

The Role of the Milan Chamber of Arbitration in International Arbitration

THE ROLE OF MILAN CHAMBER OF ARBITRATION IN INTERNATIONAL ARBITRATION Nowadays, international trade has increased in terms of both intensity and volume, and in parallel to this increase, it is observed that the legal disputes between the parties have also been in an upward trend. On the other hand, due to the dynamic nature of commercial life, resolution of the legal disputes between the parties -in the fastest and most effective way- is frequently requested. In light of all these developments, the demand for alternative dispute...