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Searching Content indexed under Litigation, Mediation & Arbitration by Gönenç Gürkaynak Esq ordered by Published Date Descending.
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Turkey Announces New Judicial Reform Strategy
On May 30, 2019, Ministry of Justice ("Ministry") prepared the judicial reform strategy document ("Strategy Document") which introduces comprehensive changes and improvements to the Turkish judicial system.
Turkey
31 May 2019
3
The New Dispute Resolution Method For Commercial Disputes: Mandatory Mediation
The Law on the Procedure for Initiating Execution Proceedings based on Monetary Receivables Arising out of Subscription Agreements was published in the Official Gazette on December 19, 2018.
Turkey
4 Mar 2019
4
The Court Of Appeals' Noteworthy Precedent Regarding The Contradictions Between Private Expert Opinions And Official Expert Reports
Therefore, this noteworthy precedent will assist judges in monitoring and examining the reliability of experts and will provide them with a brand-new perspective on which to base their decisions.
Turkey
27 Dec 2018
5
The Court Of Appeals Sheds Light On "Just Cause" For Termination, Exit Right And Squeeze-Out Of Shareholders
Article 636 of the TCC lists the circumstances in which a limited liability company shall be terminated
Turkey
3 Dec 2018
6
Unfair Competition Claims for Sale of Certain Products Below Purchase Price
As a general principle, an enterprise has the right under Turkish law to freely determine the prices of its products and services. In other words, there is no rule under the Turkish competition law regime that would require enterprises to ...
Turkey
17 Oct 2018
7
The Turkish Competition Board Acknowledged that Reassessment of a Decision Must Not Harm the Appellant
The Competition Board ("Board") has recently published its reasoned decision in its reassessment of the Turkish Pharmacists Association (Türk Eczacıları Birliği) ("TPA") case, following the annulment decision ...
Turkey
1 Oct 2018
8
Scope Of Notification Via Electronic Means Has Been Recently Expanded
Notifications served via electronic means have been part of Turkish law since the introduction of Article 7/A of the Notification Law No. 7201 in 2011.
Turkey
18 Jun 2018
9
Recent Developments In Trade Registry Regulations
The signature declarations of signatories who reside abroad may be certified by Turkish consulates in the country where the signatory resides.
Turkey
7 Jun 2018
10
Strict Conditions Regarding the Use of the 'Organic Link Theory' Reiterated by the Court of Appeals: Extending Liability to Affiliates
"Organic link theory" applies to legal entities and is relied upon by such entities to extend the liability of one legal entity to another when there is an "organic link" between the two that could render both entities as one in terms of exposure to legal liability.
Turkey
26 Mar 2018
11
The Court Of Appeals Clarifies The Validity Of Standardized Terms In Agreements Between Merchants
The TCO provides a control mechanism with regard to the interpretation of standardized terms.
Turkey
10 Jan 2018
12
The Court of Appeals Clarified the Admissibility of Relying on Oath as Evidence in Civil Proceedings where Evidence List does not Include "Oath"
Oath is accepted as evidence according to the rules of Turkish civil procedural law, even though the term itself is not defined by the Law on Civil Procedure No. 6100 ("Law No. 6100").
Turkey
9 Oct 2017
13
Awards Of Excessive Compensation Under Turkish Intellectual And Industrial Property Law
Article 17 of the Turkish Constitution provides that "Everyone has … the right to protect and improve his/her corporeal and spiritual existence."
Turkey
31 Jul 2017
14
The Constitutional Court Rejected Application for Partial Annulment of Article 14 of Press Law No. 5187
The Constitutional Court, with its decision numbered 2016/165 E, 2017/76 K. and dated 15 March 2017, rejected Istanbul 2nd Criminal Court of First Instance's application for partial annulment of Article 14 of Press Law No. 5187 ("Press Law"), ..
Turkey
26 Jun 2017
15
Special Audit In Joint Stock Companies
In joint stock companies, there are three types of audit mechanism, namely (i) statutory audit, (ii) optional audit and (iii) special audit.
Turkey
22 May 2017
16
Overview of the New Law on Experts No. 6754
The new Law on Experts No. 6754 ("Expert Law") brought fundamental changes to the system of court-appointed experts in the litigation process.
Turkey
15 Mar 2017
17
Mandatory Mediation Under Turkish Labor Law
An alternative dispute resolution method is expected to be introduced in Turkey shortly through the Draft Law on Labor Courts ("Draft Law"). The purpose of the Draft Law is to bring a functional and an effective judicial procedure for
Turkey
1 Feb 2017
18
The High Court Of Appeals Rules That Judges Cannot Resort To Experts In Assessment Of Likelihood Of Confusion In Trademarks
The High Court of Appeals, Assembly of Civil Chambers has recently ruled on the issue of whether appointment of an expert for assessment of likelihood of confusion in trademarks is admissible under Turkish Procedural Law (E. 2014/11-696, K. 2016/778, 8.6.2016).
Turkey
16 Jan 2017
19
Judicial Partition Of Property – Partition Suit Under Turkish Civil Law
Under Turkish Law, where a group of individuals share ownership in an asset, a situation of joint-ownership arises.
Turkey
24 Nov 2016
20
Changes in Appellate Review System
The current Law on Civil Procedures (the "LCP") numbered 6100 had entered into force on October 1, 2011 but the new appellate procedures introduced by the Law numbered 5235 on September 26, 2004 and repeated in the LCP had not entered into force due to the fact that regional courts of justice hadn't been established and non-operational.
Turkey
27 Jul 2016
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