Energy Disputes and International Arbitration in Turkey Energy disputes and international arbitration in Turkey have become increasingly important for foreign investors, project developers, electricity producers, natural gas suppliers, petroleum companies, contractors, lenders and public authorities. Energy projects generally require significant capital investment and long-term contractual commitments. A power plant, natural gas storage facility, electricity distribution […]
International Construction Arbitration in Turkey International construction arbitration in Turkey is an increasingly important method of resolving disputes arising from infrastructure, energy, industrial, transport, real estate and engineering projects involving Turkish and foreign parties. Large construction projects commonly involve employers, contractors, subcontractors, engineers, consultants, lenders, public authorities, insurers, suppliers and project companies from different jurisdictions. […]
Appointment, Independence and Challenge of Arbitrators in Turkey The appointment of arbitrators is one of the most important stages of any arbitration proceeding. Unlike ordinary court litigation, arbitration allows the parties to participate directly in selecting the individuals who will determine their dispute. This autonomy enables businesses to choose decision-makers with relevant legal, commercial, technical […]
Arbitration is widely used to resolve international and domestic commercial disputes involving Turkish companies, foreign investors, contractors, financial institutions, shareholders and commercial counterparties. However, the existence of a written arbitration agreement does not necessarily mean that every dispute connected with the underlying commercial relationship can legally be determined by arbitrators. Before commencing arbitration, the parties […]
Public Policy Objections in the Enforcement of Arbitral Awards in Turkey Public policy is one of the most frequently invoked and most difficult objections in proceedings for the recognition and enforcement of foreign arbitral awards in Turkey. A party that has lost an international arbitration may argue that giving the award legal effect in Turkey […]
Choosing Turkey as the Seat of International Arbitration Choosing the seat of arbitration is one of the most important decisions in an international commercial contract. The seat determines the legal jurisdiction to which the arbitration belongs, the procedural law governing the proceedings and the national courts that may support or supervise the arbitral process. For […]
Interim Measures and Injunctions in Turkish International Arbitration Interim measures are among the most important procedural tools available in international arbitration. A final arbitral award may have limited commercial value if, while the proceedings are continuing, the opposing party transfers its assets, destroys evidence, discloses confidential information, disposes of disputed goods or takes irreversible steps […]
The New York Convention and Enforcement Proceedings in Turkey The enforcement of foreign arbitral awards in Turkey is a critical issue for international companies, investors, contractors, financial institutions and individuals conducting cross-border business with Turkish counterparties. Obtaining a favourable arbitral award does not necessarily result in voluntary payment. Where the losing party has assets in […]
ISTAC Arbitration in Turkey: Rules, Procedure, Costs and Advantages ISTAC arbitration has become an increasingly important method for resolving domestic and international commercial disputes connected with Turkey. The Istanbul Arbitration Centre, commonly known as ISTAC, provides institutional arbitration and alternative dispute resolution services for Turkish companies, foreign investors, multinational businesses, public authorities and individuals. The […]
International arbitration is widely preferred in cross-border commercial transactions because it offers neutrality, procedural flexibility, specialist decision-makers and broad international enforceability. The finality of an arbitral award is one of the principal advantages of arbitration. However, finality does not mean that every arbitral award is completely immune from judicial review. Where an international arbitration is […]