Introduction Türkiye occupies a commercially significant position between Europe, Asia, the Middle East, the Caucasus and the Mediterranean. International companies operating in construction, energy, manufacturing, technology, transportation, logistics, finance, tourism, international trade and corporate investment frequently enter into contracts connected with Türkiye. When drafting these contracts, one of the most important questions is how future […]
Introduction The enforceability of an arbitral award is one of the principal reasons commercial parties choose arbitration. A successful claimant may seek to enforce an award against bank accounts, company shares, commercial receivables, movable property, real estate or other assets owned by the award debtor in Türkiye. Foreign arbitral awards are generally recognised and enforced […]
Introduction The cost of arbitration is one of the most important issues businesses should evaluate before commencing proceedings or including an arbitration clause in a commercial contract. Although arbitration may offer specialist decision-makers, procedural flexibility, confidentiality and international enforceability, it is not automatically less expensive than court litigation. The total cost of arbitration in Turkey […]
Introduction Türkiye has become an important destination for foreign investment in sectors such as energy, construction, manufacturing, technology, transportation, healthcare, finance, real estate, mining and infrastructure. According to the Presidency of the Republic of Türkiye Investment Office, Türkiye attracted USD 13.1 billion in foreign direct investment during 2025. Foreign investors establishing companies, acquiring shares, developing […]
Introduction Confidentiality is frequently presented as one of the principal advantages of arbitration. Businesses may prefer arbitration because commercial disputes often involve sensitive contracts, pricing formulas, financial records, technical designs, trade secrets, customer information, internal correspondence and allegations that may affect corporate reputation. However, the statement that arbitration is confidential must be approached carefully. Privacy […]
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 […]