New Ruling of the Constitutional Court Unravelling Legal Inconsistencies

The Turkish Constitutional Court has recently issued a notable decision on the matter of inconsistencies observed in the decisions rendered by 13th Civil Chamber of the Court of Appeal (“Chamber”) regarding non-pecuniary damages cases filed on the grounds of damage to the right of personality due to breach of contract.

Constitutional Court’s Decision re Social Media Posts

How free are we on social media? How do our posts affect our professional business life? A striking decision of the Turkish Constitutional Court enlightened the answer to these questions.

Another Landmark & Pro-Arbitration Ruling from the Court of Appeal

Last year, the Court of Appeal (“Court”) handed down a landmark decision in a claim related to the setting-aside of an arbitral award, where the question was whether it was the arbitration institution (in this case, the ICC) or the Turkish courts, which were competent to extend the time-limit of the arbitral proceedings.

Can a court disregard a previous court judgment:

Justice is the cornerstone of societies and ensuring justice starts with protecting the right of access to the courts. However, sometimes, even seemingly final court decisions may be disregarded in the event of a violation of the right of access to the courts.

Non-Exclusive Arbitration Agreements

As the validity of an arbitration agreement is a complex and multifaceted topic that requires an extensive and thorough analysis, we focus on what makes an arbitration agreement non-exclusive and the validity of such agreements according to the Turkish case-law.

EU Accedes to the Convention on the Enforcement of Judgments

On 23.06.2022, European Parliament gave its consent to the accession of the European Union to the Convention..

International Arbitration Guide

We are pleased to have authored The Legal 500: International Arbitration Country Comparative Guide – Turkey.

New Development regarding Unpaid Checks

On 28 July 2021, law numbered 7333 (“Law”) which consists of amendments to certain laws was published in the Official Gazette. The Law includes a significant amendment on Check Law regarding the stay of execution of criminal sentences arising from unpaid checks.

Mondaq – Litigation Dispute Resolution

Pekin Bayar Mizrahi drafted the Turkey chapter of Mondaq Comparative Guide on Litigation Dispute Resolution.

Swiss Federal Supreme Court’s Decision regarding a Set-Aside Claim

In its decision 4A_332 / 2020 of April 1, 2021, the Swiss Federal Supreme Court dealt with a set-aside motion in respect of the replacement of an arbitrator who was alleged to be biased.