Introduction The selection of the seat of arbitration is one of the most important decisions made when drafting an arbitration agreement. Although parties often devote considerable attention to the arbitration institution, governing law, language and number of arbitrators, the legal seat is sometimes left unspecified or confused with the physical location of hearings. This can […]
Introduction An arbitration agreement is the legal foundation of every arbitration proceeding. Without a valid agreement to arbitrate, an arbitrator or arbitral tribunal will generally have no authority to determine the dispute. For this reason, the drafting, interpretation and enforcement of arbitration agreements are among the most important subjects in Turkish arbitration law. Businesses operating […]
Introduction Arbitration is designed to resolve disputes outside the ordinary court system. However, this does not mean that national courts have no function in arbitration. Even the most independent arbitral process may require judicial assistance for the appointment of arbitrators, urgent interim protection, collection of evidence, enforcement of procedural measures, annulment of an award or […]
Introduction Commercial disputes do not always justify a lengthy and highly complex arbitration process. Claims arising from unpaid invoices, supply contracts, service agreements, distributorship relationships, construction payments, commercial leases, technology contracts and smaller corporate transactions may require a final and binding decision within a considerably shorter period. For such disputes, fast-track arbitration procedures in Turkey […]
Introduction Commercial disputes do not always develop at a pace that allows parties to wait for the constitution of an arbitral tribunal. Assets may be transferred, confidential information may be disclosed, goods may deteriorate, bank guarantees may be called, corporate decisions may be implemented or critical evidence may disappear before the sole arbitrator or arbitral […]
Introduction Shareholder agreements and joint venture structures are widely used by Turkish and foreign investors establishing or acquiring businesses in Turkey. These arrangements allow investors to regulate management rights, board representation, reserved matters, financing obligations, dividend policies, share-transfer restrictions, exit mechanisms and the future development of the company. Although carefully drafted shareholder and joint venture […]
Introduction Energy projects are among the most capital-intensive, technically complex and heavily regulated commercial activities in Turkey. Electricity generation facilities, renewable energy projects, petroleum operations, natural gas supply arrangements, transmission infrastructure, storage facilities and energy-trading transactions frequently involve substantial investment, long performance periods and multiple public and private stakeholders. A typical energy project may include […]
Introduction Construction and infrastructure projects are among the most complex commercial transactions in Turkey. Large projects usually involve employers, contractors, subcontractors, architects, engineers, consultants, suppliers, banks, insurers and public authorities. The contractual structure may include several interdependent agreements, detailed technical specifications, strict completion schedules, performance guarantees and substantial financial risks. Even well-planned construction projects may […]
Introduction Arbitration is widely used in Turkey for resolving commercial disputes arising from construction, infrastructure, energy, international trade, corporate transactions, banking, transportation, technology, distribution and investment agreements. Parties frequently choose arbitration because it offers procedural flexibility, access to specialist decision-makers, privacy and greater international enforceability than ordinary court litigation. An arbitral award is generally final […]
Introduction Arbitration is one of the principal dispute resolution mechanisms used in international trade, construction, energy, finance, transportation, technology, corporate transactions and foreign investment. Businesses frequently select arbitration because it allows them to choose a neutral forum, appoint specialist decision-makers and obtain an award that may be enforceable in jurisdictions where the losing party owns […]