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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…

The role of the courts in the development of arbitration proceedings is undeniably crucial. The 15th Civil Chamber of the Court of Cassation, with its decision dated September 26, 2019, under file No. 2019/2474, and decision No. 2019/3640, reversed the annulment of an arbitral award decision given by the Regional Court of Appeals (“Regional Court”) in the capacity of a first instance court. In its reasoning, the Court of Cassation concluded that the failure to conduct…

Recent Development The Law on the Execution Proceedings for the Collection of Monetary Receivables Arising out of Subscription Agreements No. 7155 (”Law”) was published in the National Gazette on December 19, 2018. The Law regulates the mediation process as a threshold requirement for commercial cases to be heard as of January 1, 2019. What’s New? Article 20 of the Law stipulates that the parties must have triggered the mediation process before applying to commercial courts…

Recent development While Turkey’s International Arbitration Law No. 4686 has long permitted Turkish courts to grant interim relief before or during arbitral proceedings, the law was silent as to whether this was permitted once a final award had been rendered by the arbitral tribunal but before it became enforceable by Turkish execution offices. A Turkish Court of Appeal has now made clear that courts can grant interim relief at any time before, during or after…