Dispute Resolution

"Moral | Kınıkoğlu | Pamukkale‘s Dispute Resolution Department is ranked among the leading law firms by Legal 500."

Moral | Kınıkoğlu | Pamukkale‘s Dispute Resolution team advises national and international companies in a broad range of legal services under the scope of Turkish Law on potential disputes aiming to mitigate risks and represents national and international clients on their litigation cases.

Moral | Kınıkoğlu | Pamukkale's Dispute Resolution services cover protective and preventive legal risk management and consultancy, arbitration, alternative dispute resolution and mediation practices other than litigation. Our Dispute Resolution team provides advice and assistance with the following:

  • Antitrust and Competition;
  • Commercial;
  • Consumer Protection;
  • Cyber Security Disputes;
  • Employment;
  • Intellectual Property;
  • International Trade;
  • Real Estate Disputes;
  • Post M&A Disputes;
  • Shareholder Disputes;
  • Tax.

Litigation and Dispute Resolution

Our Litigation team is aware that when disputes arise clients need lawyers who are sensitive to the demands of their business, and who can provide practical and quality legal advice. We are mindful that clients need lawyers who are careful not to lose the business war, while winning the litigation battle.

We strive to understand how the resolution of a dispute affects your business so we mould our representation to the realities of your world. Any dispute resolution case should be solved in the most efficient and cost-effective way, so the business does not lose its value while law prevails.

Our Litigation team endeavors to stop budding disputes before they turn into crises. When appropriate, we work to resolve these disputes through negotiation. Even when a negotiated resolution cannot be achieved, our early intervention can help to strengthen our clients' litigation position and thus foster a favorable result. Our extensive experience in a wide range of civil and administrative litigation matters, at both the trial and appellate levels, is expertly used for the benefit of our clients.

We regularly manage bankruptcy proceedings, direct bankruptcy cases, money collection claims and other insolvency matters. MORAL’s Litigation practice attracts high profile commercial and individual compensation cases, usually with an international aspect.

With a wealth of experience of more than 50 years, we pride ourselves on our ability to deal with complex cases with creativity and innovation; we regularly pursue non-traditional methods of dispute resolution, as well as standard civil litigation.

Arbitration
Turkey carries a great advantage to be a finance and accordingly an arbitration center in international trade also with its suitable legal infrastructure for arbitration practice. A key arbitration center which operates internationally increase the reliability of Turkey and in the meantime, it will make important contributions to Turkish Law.

It has been predicted that Turkey will become a well-known country for arbitration and dispute resolution methods and Istanbul Arbitration Center will become a favorite for practitioners both regionally and globally. The firm has extensive experience and a good reputation in arbitration, mediation and alternative dispute settlements. Our firm has successfully represented both domestic and foreign clients before national and international Arbitration Tribunals both in Turkey and abroad.

The team has an in-depth experience and an effective approach to arbitration which leads to positive resolutions for our clients. Our arbitration team is especially known for their experience in sectors such as construction and fast-moving consumer goods as well as production and international agency/distributorship disputes.

Mediation
Mediation has not a great range of application in Turkey yet. However, compared to global records, it has made a good start with a 98.2 % settlement rate in Turkey and it has been assumed that mediation will be well placed among alternative dispute resolution methods.

Mediation legislation has recently entered into force under Turkish Law and as Moral & Partners, we now have the chance to effectively exercise mediation and alternative dispute resolution methods even though we have always applied mediation and settlement institutions effectively in order to provide expedited and cost-efficient services to our clients. In conformity with the recent legislations, since November 2013, our experienced lawyers has started to conduct mediation activities as duly accredited official mediators.

The firm’s Dispute Resolution Department is ranked among the leading law firms by Legal 500.
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Insights
One of the primary reasons for preferring arbitration is the enforceability of arbitral awards, which are generally supported by many countries that are parties to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”). However, since the Convention mainly addresses the enforcement of final awards, the enforcement of interim measures issued by arbitrators remains a more contentious issue. Indeed, Türkiye is also among the jurisdictions where there are challenges and uncertainties regarding the enforcement of interim measures.
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