Page 13 – Ongur Partners

Anonim Şirketlerde Yönetim Kurulu Toplantılarının Elektronik Ortamda Gerçekleştirilmesi

GİRİŞ Yönetim kurulu anonim şirketin yönetim ve temsil organı niteliğindedir. Anonim Şirket Yönetim Kurulu bu yönetim ve temsil görevlerini yerine getirmek için kurul olarak çalışır ve karar almak için toplantılar yapar.[1] Bu bağlamda anonim şirket yönetim kurulu toplantıları için öncelikle kanunda veya esas sözleşmede öngörülen usulde çağrı yapılır, yine kanunda veya esas sözleşmede belirlenen toplantı yeter sayılarına gore toplantı yapılır, gündemdeki konular müzakere edilerek kanunda veya sözleşmede öngörülen karar yeter...

Interim Measures in International Arbitration

Interim Measures in International Arbitration UNCITRAL Arbitration Rules, following the recognition of arbitral tribunals’ competence to grant interim measures, and it can be deducted from its definition in Article 26 that an interim measure, just like its equivalent in the domestic litigation, can be ordered by an arbitral tribunal before the final decision on the case. Accordingly, such an order of interim measures can ask a party of the dispute to maintain the status quo or restore it until a final decision is given, take...

ISTAC Fast-Track Arbitration Rules

Istanbul Arbitration Center (ISTAC) ISTAC has been established in 2015 based on the Law No. 6570, entitled the Istanbul Arbitration Center Law as an impartial and independent institution to administer both domestic and international arbitration disputes, with the goal of rendering Istanbul/Turkey a major regional hub for international arbitration. Compared to other arbitration institutions, ISTAC is a very cost-efficient arbitration center, due to both the usage of Turkish Lira currency, and the competitiveness of its registration...

Virtual Hearings

ONLINE ARBITRATION HEARINGS Law, as well as all other disciplines, could not stay immune from adopting itself to the world-wide technological evolution and digital transformation. Global effects of the Covid-19 pandemic fostered this adaptation by moving legal processes into online platforms. Arbitration is one of these legal processes that is affected from the Covid-19 pandemic and adopted itself into technological developments. Below is an overview of arbitration hearings and how they are conducted online in today’s world....

Becoming an Italian Citizen

Introduction Citizenship is a legal relationship between an individual and a country. The country provides protection and rights to the citizen, and in return the individual owes allegiance to the state. This article examines how to become an Italian citizen. Italy is one of the most recommended countries to visit, thanks to its history and nature. Italy is also a founder member of the European Union. Therefore, being an Italian citizen means to become an EU citizen as well. Hence, the Italian citizenship brings a right to be...

Confidentiality in Arbitral Proceedings

CONFIDENTIALITY IN ARBITRAL PROCEEDINGS Although arbitration is preferred over litigation mostly because of its private nature, there seems to be no consensus on whether it should be confidential[1] or whether there is an enforcement procedure in case of breach of confidentiality. “It is true that arbitration proceedings generally are private and the awards are not published like court judgments. It is not correct, however, to assume that information revealed in arbitration is automatically confidential.”[2] It is also safe to say...

Foreign Currency Decision and Its Effects on Business Life

Presidency of the Republic of Turkey issued a new Presidential Decree (Decree No: 85) in the Official Gazette dated 13 September 2018 and numbered 30534, which prohibits the usage of foreign currencies in contracts between Turkish residents (the “Amendment”). According to the Amendment, Turkish residents acting as a party to the contracts listed below, with other Turkish residents are prohibited to use foreign currency (including Turkish Lira indexed to foreign currency) in determining the contractual value and payment liabilities: 1)...

Legal Effects of Coronavirus (COVID-19) Outbreak

Introduction Coronavirus (COVID-19) related cases that originated first from China affected most of the world. As of last week, Turkey is also one of the affected countries. It is considered that the outbreak, declared as a "Pandemic" by the World Health Organization, may have a significant impact on the daily lives of people residing in Turkey in the near future. In this legal report, we aim to clarify the legal aspects of a number of issues that are likely to arise in the lives of people residing in Turkey, in the form of answers to...

The Singapore Convention On Mediation

Introduction The United Nations (UN) Convention on International Settlement Agreements Resulting from Mediation (The Singapore Convention on Mediation)1 was finally signed by 46 States on 7 August 20192, following its approval by the United Nations Commission on International Trade Law (UNCITRAL) in June 20183 and adoption by the UN General Assembly in December 20184. The signatories of the Singapore Convention include the two largest economies, the US and China and many of the largest economies in Asia, such as India and South Korea,...

Setting-up of Liaison Offices under Turkish Law

Setting-up of Liaison Offices under Turkish Law Introduction A foreign company aiming to enhance its commercial and economic relations in Turkey has multiple options in terms of institutional setup. These options should be carefully evaluated in accordance with the needs of the companies and their aims in Turkey. A foreign company may choose to handle its economic relations with actors residing in Turkey directly from its headquarters located abroad. This way of involvement is usually preferred by companies which aim to conduct a...