Introduction to Rental Dispute Mediation in Turkey Rental dispute mediation in Turkey has become a mandatory preliminary stage for a wide range of disputes between landlords and tenants. Since 1 September 2023, parties involved in most disputes arising from residential and commercial lease relationships must apply to mediation before filing a lawsuit before the competent […]
Introduction to Employment Mediation in Turkey Employment mediation in Turkey is one of the most important procedural stages in disputes between employees and employers. In a significant number of employment-related claims, a party cannot directly file a lawsuit before a Turkish labour court. The claimant must first apply for mandatory mediation and complete the mediation […]
Introduction Commercial mediation in Turkey has become one of the most important dispute resolution mechanisms for domestic companies, multinational enterprises, foreign investors, shareholders, contractors, suppliers, distributors and financial institutions. Businesses operating in Turkey may no longer be able to file certain commercial lawsuits immediately before a Turkish court. Depending on the nature of the dispute […]
Introduction Mandatory mediation in Turkey has become a central part of the country’s civil justice system. In many private law disputes, a claimant cannot immediately file a lawsuit before the competent Turkish court. The claimant must first apply to a registered mediator and complete the mediation procedure. This requirement is commonly described as mandatory mediation, […]
Introduction to Mediation Law in Turkey Mediation has become one of the most important alternative dispute resolution mechanisms in the Turkish legal system. Over the last decade, Turkey has gradually expanded the scope of mediation, particularly mandatory mediation, to reduce the workload of courts, promote negotiated settlements and enable parties to resolve disputes more efficiently. […]
Introduction The monetary section of an arbitral award is often more difficult to draft than the tribunal’s decision on liability. A tribunal may correctly conclude that a contract was breached but still create significant uncertainty if the award does not state clearly: These issues become particularly important in international transactions involving Türkiye because contracts frequently […]
Introduction Competition law and arbitration pursue different but potentially complementary objectives. Arbitration allows commercial parties to resolve disputes in a private, neutral and specialist forum. The parties may select the arbitrators, determine the procedural language, choose the seat of arbitration and adopt rules suited to the complexity of their transaction. Competition law, by contrast, protects […]
Introduction Insolvency and arbitration are governed by two legal systems built around different objectives. Arbitration is based principally on party autonomy. Commercial parties agree that disputes arising from a particular legal relationship will be resolved privately by a sole arbitrator or arbitral tribunal rather than by an ordinary court. Bankruptcy, by contrast, is a collective […]
Introduction Arbitration can provide a neutral, specialist and internationally enforceable method of resolving commercial disputes. It may nevertheless require substantial financial resources. A complex arbitration may involve: Even a company with a legally strong claim may prefer not to allocate several million dollars to a dispute that could continue for years. A claimant may have […]
Introduction The selection of the arbitral tribunal is one of the most important stages of any arbitration. Unlike court litigation, where the judge is assigned through the judicial system, arbitration generally allows the parties to participate directly or indirectly in choosing the individuals who will decide their dispute. This freedom is one of arbitration’s principal […]