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Recent development The Turkish Public Procurement Authority recently amended the standard contracts annexed to the Regulations on the Implementation of Public Procurements effective as of 19 January 2018. What do the amendments say? Instead of referring to Turkish courts, public administrations may choose arbitration for disputes arising out of the execution of a procurement agreement. The Istanbul Arbitration Centre (ISTAC) will conduct domestic arbitrations; for international arbitrations, public administrations can choose between ad hoc arbitration…

One of the central objectives of civil procedural law is to provide a mechanism for the final and conclusive resolution of disputes. In accordance with the res judicata principle, matters which have been judged on the merits are, therefore, deemed binding on the parties, and may no longer be re-litigated nor decided differently in subsequent proceedings. Although this principle is very widely recognised, the effects of judgments, and the criteria for determining the identity…

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…