Turkey: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
The Competence-Competence Principle
The competence-competence principle grants arbitral tribunals the authority to determine their own jurisdiction, including questions about the validity and scope of arbitration agreements. This article examines how Turkish law implements this fundamental arbitration doctrine through statutory provisions and judicial precedent, analyzing the balance between arbitral autonomy and judicial oversight in both domestic and international arbitration proceedings.
Turkey Litigation
K
Kesikli Law Firm
Article
Time Limits And Procedure In The Event Of A Case Being Brought Before An Incompetent Court: The Legal Consequences Of A Ruling On Lack Of Jurisdiction
The correct determination of which branch of the judiciary has jurisdiction over a dispute is important not only for identifying the judicial authority that will examine the merits of the case, but also for the effective exercise of the right to seek redress, the protection of time limits for bringing proceedings, and the observance of procedural rights acquired by the parties. This is because the division of jurisdiction between the ordinary and administrative courts relates to public order and may be taken into account ex officio by the courts at every stage of the proceedings
Turkey Litigation
SO
Sakar Law Office
Article
Görevli Olmayan Yargı Kolunda Dava Açılması Halinde Süreler Ve Usul: Göresizlik Kararının Hukuki Sonuçları
Bir uyuşmazlığın hangi yargı kolunun görev alanına girdiğinin doğru belirlenmesi, yalnızca uyuşmazlığın esasını inceleyecek yargı merciinin tespiti bakımından değil, aynı zamanda hak arama özgürlüğünün etkin kullanılması, dava açma sürelerinin korunması ve usuli kazanılmış hakların gözetilmesi bakımından da önem taşımaktadır. Zira adli ve idari yargı arasındaki görev dağılımı, kamu düzenine ilişkin olup mahkemelerce yargılamanın her aşamasında re'sen dikkate alınabilmektedir.
Turkey Litigation
SO
Sakar Law Office
See more
Article
The Competence-Competence Principle
The competence-competence principle grants arbitral tribunals the authority to determine their own jurisdiction, including questions about the validity and scope of arbitration agreements. This article examines how Turkish law implements this fundamental arbitration doctrine through statutory provisions and judicial precedent, analyzing the balance between arbitral autonomy and judicial oversight in both domestic and international arbitration proceedings.
Turkey Litigation
K
Kesikli Law Firm
Article
Time Limits And Procedure In The Event Of A Case Being Brought Before An Incompetent Court: The Legal Consequences Of A Ruling On Lack Of Jurisdiction
The correct determination of which branch of the judiciary has jurisdiction over a dispute is important not only for identifying the judicial authority that will examine the merits of the case, but also for the effective exercise of the right to seek redress, the protection of time limits for bringing proceedings, and the observance of procedural rights acquired by the parties. This is because the division of jurisdiction between the ordinary and administrative courts relates to public order and may be taken into account ex officio by the courts at every stage of the proceedings
Turkey Litigation
SO
Sakar Law Office
See more
Article
The Competence-Competence Principle
The competence-competence principle grants arbitral tribunals the authority to determine their own jurisdiction, including questions about the validity and scope of arbitration agreements. This article examines how Turkish law implements this fundamental arbitration doctrine through statutory provisions and judicial precedent, analyzing the balance between arbitral autonomy and judicial oversight in both domestic and international arbitration proceedings.
Turkey Litigation
K
Kesikli Law Firm
Article
Time Limits And Procedure In The Event Of A Case Being Brought Before An Incompetent Court: The Legal Consequences Of A Ruling On Lack Of Jurisdiction
The correct determination of which branch of the judiciary has jurisdiction over a dispute is important not only for identifying the judicial authority that will examine the merits of the case, but also for the effective exercise of the right to seek redress, the protection of time limits for bringing proceedings, and the observance of procedural rights acquired by the parties. This is because the division of jurisdiction between the ordinary and administrative courts relates to public order and may be taken into account ex officio by the courts at every stage of the proceedings
Turkey Litigation
SO
Sakar Law Office
See more
See more