130 publications · 2 categories
Notes from the law.
Recent legislative changes, notable court decisions, and ways to resolve frequently encountered legal questions.
- Corporate
Pre-Action Demand Letters to Turkish Debtors: Why They Matter Before Enforcement
A properly drafted demand letter to a Turkish debtor can trigger default interest, create a documented paper trail and sometimes open the door to mandatory mediation or settlement before formal enforcement begins. - Corporate
Public Policy Objections to Enforcing a Foreign Arbitral Award in Türkiye
Turkish courts apply the public policy exception narrowly when reviewing a foreign arbitral award, limiting refusal to serious breaches of fundamental principles. - Corporate
The Reciprocity Requirement in Enforcing Foreign Judgments in Türkiye
Turkish courts refuse to enforce a foreign judgment unless a reciprocity relationship exists between Türkiye and the state where the judgment was rendered, and this requirement is examined case by case. - Corporate
Security for Costs (Teminat) Rules for Foreign Claimants in Türkiye
Foreign claimants suing a Turkish debtor may be required to deposit security for costs before proceeding, though exemptions can apply based on reciprocity and international treaties, so this should be checked early. - Corporate
Service and Due Process Objections in Turkish Tenfiz Proceedings
A foreign judgment cannot be enforced in Türkiye if the defendant was not duly summoned or represented before the foreign court, and Turkish courts examine this objection closely. - Corporate
Set-Off Defences Against Enforcement of a Foreign Arbitral Award in Türkiye
A debtor facing enforcement of a foreign arbitral award may raise a set-off claim, though Turkish courts distinguish this from the limited grounds for refusing enforcement itself. - Corporate
Improper Tribunal Composition and Due Process Objections Under the New York Convention in Türkiye
Turkish courts examine whether the arbitral tribunal was properly constituted and whether the party against whom enforcement is sought had a genuine opportunity to present its case.
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