Mediation Q&A: Turkey

3/26/2021

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Turkey-specific information concerning the key legal issues that need to be considered when mediating a dispute.
This Q&A provides country-specific commentary on Practice note, Cross-border mediations: an overview and forms part of Cross-border dispute resolution.

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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.
Dual-use items, which include goods, software, and technology applicable for both civilian and military purposes, present a complex challenge in today's volatile global landscape, requiring careful regulation and control. The content elaborates on the international efforts, particularly the Wassenaar Arrangement and national practices, to manage these risks, while also discussing the specific stance and legal framework of Turkey in combating the unintended consequences of such dual-use items..
The 2023 Merger and Acquisition Outlook Report (the “Report”), prepared by the Economic Analysis and Research Department of the Competition Authority (the “Authority"), was published on January 5, 2024, on the Authority's website.
As most people are aware of, on February 24, 2022, the Russian Federation (“Russia”) launched a large-scale air and ground military operation against Ukraine with the support of Donetsk (“DNR”) and the Luhansk People’s Republics (“LNR”) in the Donbas region.
Foreigners intending to stay in Turkey for more than the visa or visa exemption period or more than 90 days should obtain a residence permit. In relation to this matter, first of all, we would like to briefly indicate the points to be considered when obtaining a residence permit in Turkey.
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2021 has been a ground-breaking year in terms of Turkish Competition Law due toimprovements in various aspects. Compared to the recent developments of the last 10 years, in2021, Turkish Competition Law practice has gained serious momentum only in one year, throughvarious Turkish Competition Board (“Board”) precedents and statutory amendments.
The popularity in use of a non-fungible token (“NFT”) to combine blockchain technology and creative intellectual property is increasing gradually.
In commercial life, the undertakings' ability to carry out their activities freely without being under pressure, is important in terms of maintaining its presence in the market where the undertakings are operating, as well as the consumer's, who are the end buyers, ability to be able to benefit from the final product put on the market at fair pricing and with quality product balance.
With the Coronavirus (“Covid-19”), which has been in our lives since December 2019, the lifestyle with masks and social distance has become the new normal.
Cryptocurrency trade has become a highly preferred investment type in recent years and the popularity of the said investment has considerably increased in Turkey as well. As it is known, since cryptocurrency is not a material type of fiat money and cannot be claimed ownership by any state or organization, its status and conformity to the law remained in a questionable dimension.
Turkey-specific information concerning the key legal issues that need to be considered when drafting and enforcing governing law and jurisdiction clauses.
While Coronavirus (“Covid-19”) is still affecting the world essentially, retail industry, as one of the most deeply affected fields in the commercial world by the reflections of the pandemic, should also be careful to pass their plans through the legal filter, in order to protect the health of employees, to satisfy customers and to get over this Covid-19 period with the least possible losses.
In line with the 15th Action Report within the scope of the Base Erosion and Profit Shifting Project (the “BEPS Project”) conducted by the Organisation for Economic Co-operation and Development (the “OECD”), the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the "Convention"), stipulating amendments to the double taxation agreements has been signed by 68 countries including Turkey on 7 June 2017.
Retail sector comes first among the sectors most affected by the COVID-19 outbreak (“Coronavirus”) around the whole world along with our country and causes disruptions in functioning and sustainability of certain sectors such as retail, logistics, health, automotive, and textile.
Per article 367 of the Turkish Commercial Code No. 6102 (“TCC”), boards of directors of joint stock companies may transfer some authority related to the management of the company to some members of the board of directors or to third parties who are not members of the board of directors with an internal directive that it will prepare and put into effect.
After having been approved on 11.01.2011, the Turkish Code of Obligations (the “TCO”) numbered 6098 was published on the Official Gazette dated 04.02.2011 and numbered 27836. In accordance with the Article 648, the TCO entered into force as of the date of 01.07.2012.