E-commerce has turned consumer contracting into a cross-border routine: a Turkish consumer buys from a foreign trader, digital content is delivered via cloud infrastructure, payment is processed abroad, and customer support may sit in a different jurisdiction. When a dispute arises—non-delivery, defective goods, subscription billing, warranty issues—the decisive procedural question is: Which courts have international […]
Cross-border disputes rarely end where they start. A party may secure a judgment abroad while parallel or subsequent proceedings continue in Turkey. The key question is not whether the foreign judgment exists, but how (and when) it can shape an ongoing Turkish case—through res judicata, evidentiary force, or a procedural stay aimed at avoiding contradictory […]
Globalization has changed not only the way business is done, but also the way disputes are born, litigated, and ultimately enforced. A single transaction can involve parties incorporated in different countries, performance split across jurisdictions, digital communications stored in foreign data centers, and assets located where enforcement is most convenient. In that environment, winning “on […]
Team Errors & Chain Liability in Medical Malpractice in Türkiye Anesthesia, Nursing, Technician, and Laboratory Mistakes — Who Pays, What to Prove, and How to Win the Case 1) Why “team error” cases are different (and often stronger) Most patients think malpractice means “the doctor made a mistake.” In real life—especially in hospitals—the outcome is […]
Arbitration is designed to deliver a final and binding outcome based on party autonomy. Yet, no legal system enforces arbitral awards blindly. Courts must strike a balance between (i) protecting the finality and efficiency of arbitration and (ii) safeguarding the legal order’s fundamental values—due process, basic rights, and the prohibition of illegality. This balance is […]
1) Why service of process becomes the “bottleneck” in international disputes In cross-border litigation, even a strong claim can stall if the court cannot properly notify the defendant abroad. Service of process is not a formality—it is the procedural gateway to the right to be heard and the right of defence. When service fails or […]
1) Why this topic matters in cross-border disputes In disputes involving a foreign element—international contracts, cross-border family matters, foreign employment relationships, or torts with an international dimension—the “applicable law” often determines the outcome. Limitation periods, heads of damages, interest rules, contractual validity, and even the existence of a claim may change dramatically once a foreign […]
1) What is statelessness Statelessness means more than lacking a passport. Under the 1954 Convention, a stateless person is someone “not considered as a national by any State under the operation of its law.” The definition requires looking not only at written nationality laws, but also at how those laws operate in practice—an approach consistently […]
1) What is a deportation (removal) decision and who issues it? In Turkey, deportation/removal decisions are administrative acts issued by governorates, often within the framework of Law No. 6458 and the migration administration. The decision must be notified with reasons, and the person should be informed about available remedies and deadlines. In practice, the case […]