General
Allocation of the burden of proof between the parties to a coverage dispute, in particular insurer and policyholder…
General
Catastrophic Insurances Under the Spotlight B&D
On February 6, 2023, two large and sequential earthquakes struck 11 south-eastern cities of Turkey, including Gaziantep…
General
Compulsory Traffic Insurance B&D
The Constitutional Court of the Republic of Türkiye [“the Court”], reshaped the method of calculating compensation paid under…
General
Dask Payout Disputes Persist Despite Court Of Cassation Ruling
In the aftermath of the devastating February 6, 2023 earthquakes, the Natural Disasters Insurance Institution (“DASK”) came under…
General
Decoding Insurance Payouts: Legal Challenges And Regulatory Response
In the aftermath of the earthquakes that occurred on 06.02.2023 in the southeast region of Turkey, the Natural…
General
The recent fire at one of Turkey’s most prestigious winter resorts, which engulfed hundreds of guests and tragically claimed…
General
The Turkish Court of Cassation’s ruling on March 19, 2024, may signal a shift in its…
General
The Crucial Role Of Unambiguous B&D
Court of Cassation (“CoC”), as the highest tier of the appellate reviews of civil law…
General
New Amendments Enhance Oversight In Refurbished Product Market
The Regulation on the Sale of Refurbished Products, which came into effect in 2020,has undergone changes over time ...
General
New Regulations Introduced With The 8th Package Of The Judicial Reform
One year after the enactment of the previous package, the 8th Judicial Package was published in the Official...
General
Insurance Legislation On Nuclear Risks Is Developing
Turkey's goal of nuclear-based energy production, which has been expressed since the 1970s, has...
General
Tribunal-Appointed Experts: A Ground To Set-Aside?
Arbitral tribunals have the authority to appoint their own experts to help them to evaluate...
General
Uninsured Vehicles Are Now Insured Too!
As of 19th September 2023, with an amendment to the Regulation on the Application Principles of Tariffs...
General
Communiqué No. 2008-32/69 Introduces Further Exceptions To Fx Payment Ban
Business interruption insurance is a common industry practice that aims to protect insureds against losses that occur...
General
Market Surveillance For Online Sales Takes Shape
Communiqué No. 2008-32/69 on the Decree No. 32 on the Protection of the Value of the Turkish Currency ...
General
International arbitrators often grapple with a challenging decision: is a procedural request a legitimate...
General
Kasımlar Hydroelectric Power Plant (HPP), that was planned in 2012 amid debates about its potential damage...
General
Until a foreign arbitral award becomes enforceable in Turkey, it is crucial for the claimant to secure...
General
Decoding Business Interruption Insurance: Insight from Turkish Law
Business interruption insurance is a common industry practice that aims to protect insureds against losses that occur...
General
Significant Amendments Under The 7th Package of The Judicial Reform
Ever since the Judicial Reform Strategy Document has been introduced on 30 May 2019, six sets of legal amendments...
General
The Market for Refurbished Products Is Expanding
One of the major markets in need of environmental regulation is the electronic devices market, known for its...
General
Which Parties Are Bound by The Arbitration Agreement Under Turkish Law?
Under Turkish law, the contracts cannot confer rights or impose obligations upon any person who is...
General
Suing Arbitrators: A Back-Door for Setting-Aside And Resisting Enforcement?
Despite recent criticisms, arbitration remains a significantly preferable option compared to the alternatives.
General
Protecting Your Interest Through Interim Relief from Turkish Courts
The relief sought in the principal action is frequently insufficient to effectively protect the rights or interests...
General
Law Governing the Arbitration Agreement: Whose Side Are the Turkish Courts On?
Identifying the law governing the arbitration agreement has increasingly proven to be a complex and confusing...
Human Resources
HR is on the Radar of the Turkish Competition Authority
Turkish Competition Board (the "Board") has announced on 10.11.2020 that it initiated an investigation concerning eight hospitals in...
Liability
Liability without Fault: A New Era for Product Liability
The Law no. 7223 is a big step towards harmonisation with the Directive of 85/374/EEC concerning liability for defective products. Yet, Turkish...
Labor Act
With the impact of the pandemic, employment relations in Turkey, like all over the world, is facing a period that could be called...
International Arbitration
Arbitrator As A Settlement Facilitator: An Illusory Divide?
The law and practice of international arbitration have increasingly evolved towards greater uniformity. But the question of whether and to...
Insurance Law
A New Economic Reform Movement: Special Risks Management Center
Economic politics refer more and more to insurance sector with targets to be reached. With the amendment effective as of May 20, 2021, the...
Product Safety
The Regime of Product Safety and Conformity is Being Renewed
Following the enactment of the Law no. 7223, the ministries headed by the Ministry of Trade, as the regulative bodies in charge of...
Covid-19
The Ministry of Labour and Social Security ("Ministry") made an announcement on its website on September 3, 2021. According to...
General
Right To Rescission From Distance Sales Contracts Is Being Delimited
The amendments to the Distance Sales Regulation (“Regulation”) regulating the implementation of procedures and principles...
General
Significant Amendments To Enforcement and Insolvency Law In Force As Of November 30, 2021
The fifth chapter of the reforms in field of Turkish judiciary has recently introduced a wide spectrum of amendments to...
General
Can Language Of Insurance Policy Conditions Affect The Coverage?
Turkish courts, with due respect to party autonomy, have no hesitation in applying standard special clauses recognised in...
General
The term “compassionate leave” is used to refer to two matters under Turkish employment law. The first one is...
General
Direct Claim Against Insurer Under Liability Insurance
The relationship between Turkish civil law and Swiss civil law is deep rooted. Along with the foundation of...
General
Widespread and Yet Controversial: Distributorship and Its Termination
The legal framework of distributorship relationship that has a wide presence in Turkish commercial life is not drawn...
General
Arbitrator As A Settlement Facilitator: An Illusory Divide?
What is the role of the arbitrators? Is it to resolve the dispute "by a binding decision"? Or is it simply "to resolve the dispute", which also...
Covid-19
Legal Brief On Workplace Precautions Due To Increasing Covid-19 Cases
This paper was prepared due to the rise of COVID-19 cases in the public and especially in workplaces, starting from...
General
Protecting Your Interest Through Interim Relief From Turkish Courts
The relief sought in the principal action is frequently insufficient to effectively protect the rights or interests...
General
Refurbished Products and Producers' Liability
The Regulation on Sale of Refurbished Products (the “Regulation”) concerns procedural and substantive rules for the renewal...
General
Subrogation Rights Of Insurers and Recourse Claims A Comparison Of Turkish and Swiss Law
As outlined in the first article of the series comparing the insurance laws of Turkey and Switzerland, Turkish insurance law...
General
Time Limitations Concerning Portfolio Compensation
Portfolio compensation (compensation for clientele), a right granted to the weaker side of agency or similar contractual...
General
What Do The Turkish Courts Think About Article 54 Icsid Convention?
It is trite to suggest that the awards rendered under the aegis of the International Centre for Settlement of...
