Istanbul Arbitration Center: A Fresh Breeze for International Arbitration from the Bosphorus

A promising development, i.e. the establishment of the Istanbul Arbitration Center (‘‘ISTAC’’) was recently put in place. At first sight, services such as Fast Track Arbitration and Emergency Arbitrator as well as Procedural Timetable stand out as the distinctiveness brought to Turkish international arbitration practice. By Abdülkadir Güzeloğlu  This Article was first published in Young Arbitration… Continue reading Istanbul Arbitration Center: A Fresh Breeze for International Arbitration from the Bosphorus

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New Era for Obtaining Work Permits in Turkey: Law No: 6735 on the International Work Force

Law No: 6735 on the International Work Force has come into force, abrogating Law No: 4817 on the Work Permits for the Foreigners which was in effect since 2003. The Law sets out rules regarding obtaining work permits and exemptions for foreign citizens applying in Turkey or from abroad.

10 Essentials on Trademark Protection in Turkey

Ten important points regarding trademark law and practice in Turkey including detailed information on the trademark registration process and available remedies against trademark infringements. By Fatma Esra Güzeloğlu & Abdülkadir Güzeloğlu In this article we will elaborate on ten important points regarding trademark law and practice in Turkey. 1.    General Overview 2.    How can I register my trademark in Turkey?… Continue reading 10 Essentials on Trademark Protection in Turkey

Standard Terms under the CISG and Turkish Law

By Fatma Esra Güzeloğlu & Abdülkadir Güzeloğlu   Standard terms are the set of terms which are not individually discussed during the negotiation of a sales contract. Due to its aforementioned nature, it is difficult to determine whether parties have actually incorporated the standard terms in question into their contracts.[1] Article 2.1.19 The Principles of International Commercial Contracts… Continue reading Standard Terms under the CISG and Turkish Law

Language of the Offer under the CISG in a Comparative Law Perspective

If a foreign language that is different than the one used between the Parties during their previous negotiations is used in an offer, the addressee would be expected to obtain reliable knowledge of the contents of such declaration when it is obvious that it has legal relevance. Under Turkish Law, there is Law No: 805… Continue reading Language of the Offer under the CISG in a Comparative Law Perspective

Revocation of an Offer under the CISG in a Comparative Law Perspective

By Abdülkadir Güzeloğlu & Fatma Esra Güzeloğlu The United Nations Convention on Contracts for the International Sale of Goods (“CISG”) makes a distinction between a withdrawal and a revocation. According to the said distinction, a withdrawal may only take place before the offer reaches the offeree whereas the revocation may be triggered after the offer reaches the offeree… Continue reading Revocation of an Offer under the CISG in a Comparative Law Perspective

Arbitration in Turkey: Challenge of the Arbitral Award

By Abdülkadir Güzeloğlu & Fatma Esra Güzeloğlu Arbitral Award Under The Turkish International Arbitration Law of 2001 (“TIAL”), unless otherwise agreed by the parties, an arbitral award is to be rendered within one year from the date on which the appointment of the arbitrator took place where there is a sole arbitrator, or on the date on which the… Continue reading Arbitration in Turkey: Challenge of the Arbitral Award

Arbitration in Turkey: Interim Relief

Article 6 establishes that parties may resort to national courts before or during the arbitration proceeding in order to obtain interim relief which encompasses all kinds of measures including but not limited to interim attachments, preservation of evidence, security for costs, and interim payments. By Abdülkadir Güzeloğlu & Fatma Esra Güzeloğlu Interim relief is regulated under Article 6… Continue reading Arbitration in Turkey: Interim Relief

Arbitration in Turkey: Enforcement of the Arbitration Award

Turkish Supreme Court’s jurisprudence tends towards a narrow interpretation of public policy. Majority of the admitted public policy defense were constructed on the following arguments: violation against the equal treatment of the parties and their right to be heard; judgments against morals; and awards that violate international public policy. By Abdülkadir Güzeloğlu & Fatma Esra Güzeloğlu   There… Continue reading Arbitration in Turkey: Enforcement of the Arbitration Award

International Arbitration in Turkey: Selection and Challenge of Arbitrators

By Abdülkadir Güzeloğlu & Fatma Esra Güzeloğlu   In the important phase of selecting arbitrators, which enables arbitration procedure to commence healthily and continue, The Turkish International Arbitration Law of 2001 (“TIAL”) confers freedom to parties as to qualifications, nationality, authority and the number of arbitrators, as long as it is an odd number.  TIAL also allows parties… Continue reading International Arbitration in Turkey: Selection and Challenge of Arbitrators