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 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 […]
Introduction Commercial arbitration frequently involves questions that cannot be resolved through contractual interpretation alone. A tribunal may need to understand why a construction project was delayed, whether machinery complied with technical specifications, how a company should be valued, whether software contained a security defect or how much profit a business would have earned without the […]
Introduction Evidence is often the decisive element in commercial arbitration. A party may have a legally persuasive interpretation of the contract, but it will still need documents, witness testimony, technical data or expert analysis to prove the facts supporting its claim. Commercial disputes connected with Türkiye may involve substantial documentary records. Construction projects generate progress […]
Introduction Modern commercial transactions are rarely governed by a single agreement signed by only two companies. Construction, energy, mergers and acquisitions, infrastructure, distribution, banking, insurance, technology and maritime projects commonly involve several parties and a network of interconnected contracts. A major construction project may include an employer, main contractor, subcontractors, designers, suppliers, guarantors and lenders. […]