Page 24 – Ongur Partners

Mandatory Mediation in Turkey

Mandatory Mediation in Turkey Mediation is an alternative dispute resolution method that is widely used throughout the world and the mediation process is generally described as “a negotiation process facilitated by a trusted neutral third party“. It should be noted that this “trusted third party” is called as “mediator” and it is possible to see the involvement of more than one mediator in some specific and/or complex disputes. It is commonly acknowledged -both in literature and practice- that mediation is broadly chosen because...

Energy Disputes and International Energy Arbitration in Turkey

The main purpose of this article is to inform readers about the assessment of energy disputes that arise in Turkey by international arbitration methods and in particular the ICSID arbitration process. The arbitration Lawyers in Turkey, have been dealing with many complex arbitration cases and the energy becoming a very dominant market in Turkey in the last decade for international arbitration disputes. Introduction Several rapid, transparent, and new legal resolution mechanisms are generated as an alternative to governmental adjudication...

Key Issues in Drafting International Contracts

Introduction Due to globalism; as with many realms of social and economic life, the field of law has also gone through important changes. In particular, as the social and economic relations crossed national borders; legal relationships have also become increasingly international[1]. Parallel to these developments, the nature of the contracts aiming to regulate international legal relationships has also changed. As a result, many multidimensional issues came to the fore with respect to contract law, including the negotiation of...

SİNGAPUR ARABULUCULUK SÖZLEŞMESİ

SİNGAPUR ARABULUCULUK SÖZLEŞMESİ Birleşmiş Milletler Uluslararası Ticaret Hukuku Komisyonu’nca (UNCITRAL) hazırlanan1 ve Birleşmiş Milletler Genel Kurulu’nca geçtiğimiz aralık ayında kabul edilen2 Arabuluculuk Sonucunda Yapılan Uluslararası Sulh Anlaşmaları hakkında Birleşmiş Milletler Sözleşmesi (Singapur Arabuluculuk Sözleşmesi veya Sözleşme)3, 7 Ağustos 2019’da, aralarında Türkiye’nin de bulunduğu 46 Devlet tarafından nihayet imzalanmıştır4. Sözleşmeyi imzalayan devletler arasında dünyanın en büyük iki ekonomisi olan ABD ve Çin ile...

Corona Virus Pandemic as Force Majeure in International Contracts

Corona Virus Pandemic as Force Majeure in International Contracts Introduction The recent outbreak of COVID-19 and the precautions to prevent the disease from further spreading to populations have had important implications for international contracts. In particular, the disruptions faced by a large number of manufacturers/contractors in fulfilling their contractual commitments caused by the outbreak have once again brought the “force majeure” issue to the forefront of the legal agenda all over the world. In this information note,...

Regulation On The Principles And Procedures Concerning The Preparation Of And Publishing Annual Report By Banks

Regulation On The Principles And Procedures Concerning The Preparation Of And Publishing Annual Report By Banks By the Banking Regulation and Supervision Agency: REGULATION ON THE PRINCIPLES AND PROCEDURES CONCERNING THE PREPARATION OF AND PUBLISHING ANNUAL REPORT BY BANKS (Published in the Official Gazette Nr. 26333 dated November 01, 2006.) SECTION ONE Objective and Scope, Basis and Definitions Objective ARTICLE...

Acquiring Turkish Citizenship Through Investment

Turkish Citizenship Turkish Citizenship Law numbered 5901 indicates the procedures regarding the regulation of principles relating to the acquisition and loss of Turkish citizenship and the implementation of citizenship services in Turkey. Turkish citizenship can be acquired both by birth or after birth. This article provides an overview of some of the alternatives through which Turkish citizenship can be acquired after birth, namely through investment in Turkey and buying property in Turkey, as well as a new practice called the...

Arbitration Clauses

Arbitration Clauses The arbitration clause is the agreement between the parties of a certain legal relationship to submit all or certain disputes that may arise between them to binding arbitration. When drafting an arbitration agreement or clause at the beginning of a long-term business relationship, it is important to bear in mind that a dispute may arise years after the contract between the parties has been entered into. Therefore, it is advisable that clients consider at the outset: whether all disputes are to be arbitrated or...

BOŞANMA DAVALARI ÖZELİNDE TANIMA VE TENFİZ DAVALARI

BOŞANMA DAVALARI ÖZELİNDE TANIMA VE TENFİZ DAVALARI Boşanma kararının tanınması ve tenfizi davası kısaca, yabancı bir ülke mahkemesi tarafından, en az bir Türk vatandaşının taraf olduğu bir evlilikle ilgili olarak verilen boşanma hükmünün, kişilerin nüfus kayıtlarına işlenebilmesi için Türkiye Cumhuriyeti mahkemeleri tarafından belirlenen koşullar çerçevesinde uygun bulunarak tanınması amacına yönelik açılan bir dava türüdür. Yani bu davanın açılmasındaki temel amaç, yabancı mahkeme tarafından verilen boşanma kararının tanınması ya da...

How to Choose an Arbitrator?

Selecting the right arbitrator is crucial for ensuring a fair and efficient arbitration process. Here is a step-by-step guide to help you make an informed decision. REVIEW THE ARBITRATION AGREEMENT Start by carefully examining the arbitration lawyer for agreement. This document may contain specific provisions regarding the qualifications and selection process for arbitrators. Understanding these requirements will help you adhere to the agreed-upon terms and avoid any potential disputes later on. PREPARE A LIST OF SUITABLE POTENTIAL...