• It is the spirit and not the form of law that keeps justice alive.
    Earl Warren

MANDATORY MEDIATION FOR CERTAIN TYPES OF COMMERCIAL DISPUTES

The Law No. 7155 on the Procedure for Initiating Enforcement Proceedings based on Monetary Receivables Arising from Subscription Agreements (the “Law No. 7155”) was published in the Official Gazette dated 19.12.2018 and numbered 30630. Apart from laying down the provisions regarding the enforcement proceedings to be initiated based on receivables arising from subscription agreements, the Law No. 7155 contains a number of articles that amend other laws, one of which is the Turkish Commercial Code No. 6102.

 

Accordingly, Article 20 of the Law No. 7155 introduces mandatory mediation for certain types of commercial disputes. As of 1 January 2019, before a commercial claim for the collection of a monetary receivable or for the payment of compensation can be litigated in the Turkish courts, the litigant must first resort to a certified mediator in order to seek the mediation of their claim with the adverse party.

 

The Law No. 7155 stipulates that, for the purposes of such commercial claims, the mediation stage shall be completed within six weeks, with a possible extension of another two weeks.

 

For further information please contact:

 

Mr. Ergin Mizrahi, LL.M. (Partner): e.mizrahi@pekin.com.tr

Mr. Omer Gumusel (Senior Associate): o.gumusel@pekin.com.tr

Practice Areas:
#Litigation
Other Articles