130 publications · 2 categories
Notes from the law.
Recent legislative changes, notable court decisions, and ways to resolve frequently encountered legal questions.
- Corporate
Access to Company Information for Foreign Shareholders in Türkiye
How foreign shareholders can approach information requests, company books, financial records and evidence preservation in Turkish companies. - Corporate
Appealing a Tenfiz Decision in Türkiye: Istinaf and Temyiz
Either party may challenge a first-instance tenfiz decision through the regional court of appeal and, where conditions are met, the Court of Cassation. - Corporate
Arbitrability Objections in Enforcing Foreign Arbitral Awards in Türkiye
Turkish courts may refuse enforcement of a foreign arbitral award where the underlying dispute is not capable of settlement by arbitration under Turkish law. - Corporate
Bank Account and Salary Attachment Against Turkish Debtors: What Foreign Creditors Can Reach
Once enforcement against a Turkish debtor becomes final, a foreign creditor can request attachment of the debtor's bank accounts and, for individual debtors, a portion of salary, subject to statutory limits and exemptions. - Corporate
Avoidance of Contract Under the CISG with Turkish Suppliers: When Can a Buyer Walk Away?
Terminating, or avoiding, a sales contract with a Turkish supplier under the CISG is only available for a fundamental breach or after a failed additional period for performance, and the buyer must declare avoidance promptly. - Corporate
Battle of the Forms in CISG Contracts with Turkish Parties: Whose Terms Apply?
When a foreign buyer and a Turkish supplier exchange conflicting standard terms, the CISG's rules on offer, counter-offer and material alteration decide whose conditions govern the sale. - Corporate
Choice of Law Clauses in Turkish Sales Contracts: Do They Exclude the CISG?
A generic choice-of-law clause naming Turkish law in a sales contract with a Turkish company does not automatically exclude the CISG, and foreign parties should draft such clauses with care to get the intended result. - Corporate
CISG Contract Formation with Turkish Parties: When Is a Sales Contract Binding?
A sales contract with a Turkish company can be formed under the CISG through offer and acceptance without any signed document, and foreign parties should know when that moment occurs. - Corporate
Damages and Mitigation Under the CISG in Contracts with Turkish Companies
A party claiming damages against a Turkish counterparty under the CISG must prove foreseeable loss and must have taken reasonable steps to mitigate it, or the recoverable amount will be reduced. - Corporate
Interest Claims Under the CISG Against Turkish Buyers and Sellers
The CISG entitles a party to interest on any sum in arrears from a Turkish counterparty, but leaves the applicable rate to domestic law, making the choice of forum and governing law significant. - Corporate
Limitation Periods in Cross-Border Sales Claims Involving Türkiye: How Long Do You Have?
The CISG does not itself set a limitation period for bringing a claim against a Turkish counterparty, so the time limit is determined by whichever domestic law applies under the forum's conflict-of-laws rules. - Corporate
Non-Conformity Claims Against Turkish Suppliers Under the CISG
A foreign buyer can pursue price reduction, damages, repair, replacement or termination against a Turkish supplier for non-conforming goods, provided the goods are examined and any lack of conformity is notified in time. - Corporate
Conflicting Judgments as a Defence to Enforcement in Türkiye
Enforcement of a foreign judgment may be refused where a Turkish court has already ruled on the same dispute or where an earlier judgment on the same matter is pending recognition. - Corporate
Costs and Duration of Tenfiz Proceedings in Türkiye
Tenfiz cases follow ordinary civil procedure timelines and costs, which vary with defendant cooperation, objections raised and the workload of the competent court. - Corporate
Currency and Interest Issues in Debt Claims Against Turkish Companies
Foreign currency debts against Turkish companies can generally be claimed and enforced in their original currency, but conversion timing and applicable interest rates require careful handling to avoid loss on recovery. - Corporate
Enforcing a Foreign Arbitral Award Against Turkish State Entities
Enforcing a foreign arbitral award against a Turkish state entity or state-owned company raises additional questions of immunity, asset identification and procedure. - Corporate
Enforcing Foreign Interim Measures and Injunctions in Türkiye
Foreign interim or protective measures are not automatically enforceable in Türkiye and generally do not qualify as final judgments subject to tenfiz. - Corporate
Enforcing ICC and LCIA Arbitral Awards in Türkiye
Awards rendered under ICC or LCIA rules are enforced in Türkiye through the same New York Convention framework applied to other foreign arbitral awards. - Corporate
Challenging the Foreign Court's Jurisdiction in a Tenfiz Case in Türkiye
Turkish courts refuse enforcement where the foreign court lacked indirect jurisdiction under Turkish rules, particularly where a matter falls within the exclusive jurisdiction of Turkish courts. - Corporate
Enforcement Without a Judgment (Ilamsiz Takip): Risks for Foreign Creditors
Ilamsiz takip lets a foreign creditor pursue a Turkish debtor for payment without first obtaining a court judgment, but the debtor can halt it with a simple objection, so creditors must plan for that likely next step. - Corporate
Insolvency of a Turkish Debtor: What Foreign Creditors Should Do
When a Turkish debtor becomes insolvent or enters composition proceedings, foreign creditors must register their claims and follow specific Turkish insolvency procedures to have any realistic chance of recovery. - Corporate
Interim Attachment (Ihtiyati Haciz) for Foreign Creditors in Türkiye: How It Works
Foreign creditors can request interim attachment of a Turkish debtor's assets before or during enforcement to prevent dissipation, but must show a credible basis for the claim and expect security requirements to be examined closely. - Corporate
Interim Relief Pending Enforcement of a Foreign Arbitral Award in Türkiye
A creditor can seek provisional attachment or other interim measures in Türkiye while enforcement proceedings for a foreign arbitral award are ongoing. - Corporate
Can a Foreign Judgment Be Partially Enforced in Türkiye?
Turkish courts may enforce only the severable parts of a foreign judgment that meet the statutory conditions, leaving other parts refused.
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