Public Order in Turkish Arbitration: Perspectives from the Court of Cassation

In Turkish legislation, there are two relevant provisions in separate legislation regarding the annulment of arbitral awards, namely, Article 139 of the Civil Procedure Code (the "CCP") and the Article 15 of the International Arbitration Law (the "IAL"). Abdülkadir Güzeloğlu & Tarık Kurban It must be stated that while the relevant provisions that are regulated in the… Continue reading Public Order in Turkish Arbitration: Perspectives from the Court of Cassation

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Another Novelty in Turkish Organized Industrial Zones (OIZs) Practice: Ordnance OIZs Underway

In accordance with the Law No:4562, which portrays an investor-friendly picture by conferring powers and privileges on the Turkish OIZs; it is evaluated that Ordnance OIZs, a specialized OIZ, will take one-stop shop position of OIZs to a better and farther position. Abdülkadir Güzeloğlu For Turkey's first Ordnance OIZ, which is to be located and… Continue reading Another Novelty in Turkish Organized Industrial Zones (OIZs) Practice: Ordnance OIZs Underway

Unfair Competition: Perspectives from the Turkish Commercial Code

Article 54 of the Turkish Commercial Code (the ''TCC'') states that the purpose of the unfair competition articles is to ensure fair and uncorrupted competition in the interests of all participants. The Conditions that give birth to Unfair Competition according to the Turkish Commercial Code The conditions of unfair competition are stipulated by Article 54… Continue reading Unfair Competition: Perspectives from the Turkish Commercial Code

Determining the Applicable Law to the International Contracts in Cases Where Parties Did not Select Applicable Law Pursuant the Turkish Legislation

According to Article 24.4 of International Private and Procedural Law (''Law No:5718''), in cases where parties did not determine which law will be applied to the contract, the most strictly related law shall be applied. A. In General Article 24.4 of the International Private and Procedural Law, regulates which law will be applied by the… Continue reading Determining the Applicable Law to the International Contracts in Cases Where Parties Did not Select Applicable Law Pursuant the Turkish Legislation

The Obligation Of Depositing Guarantee for Foreigners And Turkish Citizens Who Has Not Any Habitual Residence In Turkey (Cautio Judicatum Solvi)

According to the International Private and Procedure Law No.5718, foreign real and legal persons must deposit a guarantee that the court will determine, in the case they file a lawsuit. In addition, according to the Code of Civil Procedure Law no.6100 Turkish citizen who has not any habitual residence in Turkey must also deposit a… Continue reading The Obligation Of Depositing Guarantee for Foreigners And Turkish Citizens Who Has Not Any Habitual Residence In Turkey (Cautio Judicatum Solvi)

Somewhere in the Mist: Autonomy of Turkish National Sports Federations

In international sports practice, it is a widely-recognized principle that governance of sports bodies, whether on domestic or international level, should be purified from any governmental interference for achieving a sustainable level of autonomy. Abdülkadir Güzeloğlu In international sports practice, it is a widely-recognized principle that governance of sports bodies, whether on domestic or international… Continue reading Somewhere in the Mist: Autonomy of Turkish National Sports Federations

Use Extreme Caution: Recent Judgment of the Turkish Court of Cassation Emphasizes the Importance of Clear Wording of the Arbitration Clauses

Judgment of the Court Once More Verifies Turkish Practice of Interpretation of Arbitration Agreements: A Clear and Unhindered Will for Arbitration Must be Present By Abdülkadir Güzeloğlu & Fatma Esra Güzeloğlu In a recent decision of Turkish Court of Cassation[1] (“Court) dated 23 January 2017; the Court held that an arbitration clause should clearly express the absolute intention to… Continue reading Use Extreme Caution: Recent Judgment of the Turkish Court of Cassation Emphasizes the Importance of Clear Wording of the Arbitration Clauses

The Effect of Late Acceptance under the CISG and Turkish Law

The CISG provides two different set of rules for two different situations; first situation is where the acceptance arrives late by offer’s fault and the second situation is where the acceptance arrives late because of an irregularity in the means of communication. By Fatma Esra Güzeloğlu & Abdülkadir Güzeloğlu The United Nations Convention on Contracts for the International… Continue reading The Effect of Late Acceptance under the CISG and Turkish Law

Battle of Forms under the CISG and Turkish Law : “Knock-out” rule versus “last shot” rule

When each party attempts to incorporate its own standard terms into the contract, almost inevitably those standard terms will include contradicting provisions which results in difficulty to make out from the facts which set of standard terms should prevail; as generally called as “battle of forms”. By Fatma Esra Güzeloğlu & Abdülkadir Güzeloğlu Under the United Nations Convention on… Continue reading Battle of Forms under the CISG and Turkish Law : “Knock-out” rule versus “last shot” rule