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On 8 June 2021, the Constitutional Court of the Republic of Turkey (“Constitutional Court”) decided on an individual application concerning, inter alia, violation of ownership right and made a significant point on the effect of arbitration agreements to Turkish courts’ jurisdiction.[1] This decision shows that parties to an arbitration agreement will bear the consequences of resorting to Turkish courts despite the existence of an arbitration agreement. Factual Background The underlying dispute arose out of a…

TURKEY Yalin Akmenek, Demet Kasarcioglu, Ceyda Sıla Cetinkaya A. LEGISLATION AND RULES A.1 Legislation The International Arbitration Law of 2001 (IAL)[1] governs international arbitration[2] in Turkey, while the Code of Civil Procedure of 2011 (CCP)[3] deals with domestic arbitrations seated in Turkey. Both acts were inspired by UNCITRAL Model Law and contains fairly standard and arbitration-friendly provisions. In addition, the Law on International Private Law and Procedural Law of 2007 (IPPL)[4] includes the principles and…

TURKEY Ismail G. Esin, Ali Selim Demirel, Yigitcan Bozoglu and Ceyda Sıla Cetinkaya A. LEGISLATION AND RULES A.1 Legislation The International Arbitration Law of 2001 (IAL)[1] governs international arbitration[2] in Turkey, while the Code of Civil Procedure of 2011 (CCP)[3] deals with domestic arbitrations seated in Turkey. Both acts were inspired by UNCITRAL Model Law and contain fairly standard and arbitration-friendly provisions. Further, the Law on International Private Law and Procedural Law of 2007 (IPPL)[4]…

This post is an extract from the first edition of GAR’s The Guide to M&A Arbitration, first published in December 2018. The whole publication is available at https://globalarbitrationreview.com/edition/1001270/the-guide-to-m-a-arbitration-first-edition. Frequency of M&A disputes The frequency of disputes largely depends on market conditions and M&A literacy. Turkey’s attractiveness to investors over the past decade has naturally resulted in an increase in M&A transactions. The number of transactions in Turkey for the year 2016 was 243; for 2015,…