In a ruling of 27 November 2013, the Federal Supreme Court dealt with the question as to whether third parties can be included into arbitral proceedings (group of companies doctrine) and as to which law governs such question. A Danish claimant and an Indian respondent both produced certain equipment. The director general (DG) and the only shareholder of the claimant owned a patent of a certain design. In 1999, the … Holdings Ltd based in…
In its decision of 5 November 2013, the Higher Regional Court Stuttgart tackled the question of whether an…
On 29 November 2014, the Turkish government published a law (No. 6570) authorizing the establishment of the Istanbul…
The Turkish Court of Appeal sheds some light on a long-vexing question Introduction The practice of inserting identical provisions into a company’s articles of association and a shareholders’ agreement is common in Turkey. Ensuring that a dispute arising from both documents is resolvable through the same dispute resolution mechanism is necessary to avoid two, potential conflicting, parallel proceedings. This is why lawyers try to make sure the dispute is resolved either through arbitration or litigation…