Foreign arbitral awards are an integral part of international commerce, and Turkey has developed a relatively clear and arbitration-friendly framework for their recognition and enforcement. That framework is built on a combination of international conventions and domestic legislation, primarily the 1958 New York Convention and Law No. 5718 on Private International and Procedural Law (“PILPL”). […]
Deadlock (Kilitlenme) Mechanisms: Shoot-out, Russian Roulette, Mediation & Arbitration Solutions in Turkish Joint Ventures For foreign investors entering 50–50 partnerships in Türkiye, deadlock (kilitlenme) mechanisms: shoot-out, Russian roulette, mediation & arbitration çözümleri are essential tools to prevent a promising joint venture from becoming permanently paralysed. In a typical Turkish structure, two shareholders each hold 50% […]
IntroductionArbitration in international contracts has become the preferred dispute resolution mechanism for global traders, investors, and multinational companies. Unlike court litigation, arbitration offers neutrality, flexibility, and enforceability across borders. With rising cross-border transactions, parties increasingly insert arbitration clauses into their contracts to ensure certainty in the event of disputes. Institutions such as the International Chamber […]
Introduction International logistics is one of the most critical elements of global trade. However, cross-border transportation is not only an operational process but also a multi-layered activity subject to both national and international legal rules. Every stage of the logistics process is directly related to customs regulations, carriage contracts, international conventions, and local laws. 1. […]
1. Introduction: What Is Arbitration? Arbitration is a private dispute resolution method in which parties agree to resolve their disputes outside of state courts, through independent and impartial arbitrators.It is particularly preferred by foreign investors due to its neutrality, efficiency, confidentiality, and international enforceability. 2. Legal Grounds for Foreign Investors’ Right to Arbitration Foreign investors […]
Maritime transport and logistics, the backbone of global trade, involve complex processes such as the shipment of large volumes of goods, customs transitions, delays, and cargo damage. Disputes arising from these processes are often resolved through arbitration, which is a preferred method due to its flexibility and expertise. Additionally, marine insurance, which secures the cargo during transit, […]
1. Introduction Mega projects—typically found in sectors like energy, infrastructure, construction, and technology—are large-scale, complex undertakings involving multiple stakeholders. In such projects, effective contract management is crucial to ensuring project success. Moreover, given the international nature of many of these projects, arbitration has become a preferred method for resolving disputes efficiently and fairly. 2. Importance […]
Introduction Turkey is deeply integrated into the global trading system, participating in both multilateral trade agreements and various free trade agreements (FTAs). When disputes arise under these frameworks, effective resolution mechanisms are essential to maintain smooth commercial relations. The World Trade Organization (WTO) and international arbitration provide key pathways for resolving these disputes. This article […]
Introduction Foreign investors in Turkey often engage in real estate development or acquire property assets to expand their business operations. However, disputes may arise when property rights are violated through expropriation, regulatory actions, or governmental interference. In such cases, foreign investors have the option to seek remedies through arbitration, either domestically or through international dispute […]
What Is Mediation: A neutral third person, known as a mediator, enables discussion and negotiation between both sides to assist them achieve a mutually acceptable settlement to their issue. Mediation is a type of alternative dispute resolution (ADR) used in the legal profession. Although it may additionally be utilized in criminal proceedings and other legal […]