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...

FIDIC Contracts and Arbitration Introduction 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...

Turkish Inheritance Law INTRODUCTION 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...

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...

YESTERDAY MICROSOFT, TODAY GOOGLE: PRODUCT DESIGNS IN HIGH-TECH MARKETS AND CHALLENGES FOR COMPETITION LAW   DÜN M‹CROSOFT, BUGÜN GOOGLE:   YÜKSEK TEKNOLOJ‹ SEKTÖRLER‹NDE ÜRÜN TASARIMLARI   VE REKABET HUKUKU AÇISINDAN SORUNLAR     Ahmet Fatih ÖZKAN* Ayşem DİKER VANBERG**   Abstract   High-tech markets differ markedly from most of the industries in which modern competition law and policy emerged. In these markets, firms often operate globally and their...

Recognition and Enforcement of Foreign Court  Judgments in Turkey INTRODUCTION Legality and application of foreign judgments in Turkey depends on completion of several procedures which are called enforcement and recognition in Turkish Law. The provisions about recognition and enforcement take place in Law numbered 5718 dated 22.11.2007.[1] Recognition is regulated under Art.58 of Law numbered 5718. According to this Article recognition is the procedure which provides final evidence and definite judgment statute to the foreign...

NATURAL GAS MARKET LAW IN TURKEY “A general overview on Natural Gas Market Law in Turkey” Att. Arzu ONGUR Introduction Nowadays, energy is considered as one of the most important measures of enhancement of welfare and sustainable development. Historical experiences indicate that, attaining sustainable energy and growth in economy are tightly linked to each other.[2] Turkey’s role in the transit of gas is increasingly important due to the fact that it is surrounded by major gas-exporting countries in the Middle East and Central...

HOW TO INVEST IN TURKEY ? Attorney  ARZU ONGUR L.LM Top 10 Legal questions about Foreign Direct Investments in Turkey…[1] How does legal framework of the FDI regulated under the Turkish Law? The legal framework of the Foreign Direct Investments are regulated by the Law numbered 4875 and dated 17.06.2003 (hereinafter “no. and dd.”). This law is structured as a legal guideline for investors, which consists of 7 Articles and regulates general rules and principles about FDI. Additionally, the “Mutual Protection and Promotion of...

PUBLIC TENDERS LAW IN TURKEY BY ATTORNEY ARZU ONGUR L.LM ONGUR&PARTNERS INTERNATIONAL LAW FIRM   INTRODUCTION The public tenders became an  significant market,  for both national and international service providers in term of their scale and attractively in Turkey. The necessity of technical knowledge and the public service character of the business have given rise to the search of foreign participants as well. However, it is fact that for a foreign contractor, the laws and procedures of a different country is always...