Turkey: Litigation, Mediation & Arbitration

International Arbitration Comparative Guide for the jurisdiction of Turkey, check out our comparative guides section to compare across multiple countries

International Arbitration Comparative Guide for the jurisdiction of Turkey, check out our comparative guides section to compare across multiple countries

Imagine that you consult a legal issue with your lawyer. You most likely would want the discussion between you and your lawyer to be kept between the two of you.

The legal framework of insurance law in Türkiye is established by the Turkish Commercial Code No. 6102 (TCC) and the Law on Insurance No. 5684 (the Insurance Act). The TCC is the principal source of rules governing the parties’ contractual rights and obligations in an insurance contract. The Insurance Act, on the other hand, mainly regulates the establishment and structure of insurance companies, licensing and administrative requirements, and the regulatory supervision of insurance market participants.

Determining the law applicable to the merits of a dispute is one of the most critical aspects of international arbitration. It plays a key role in ensuring that disputes are resolved in a predictable and fair manner and that the arbitral award is ultimately enforceable.

The Olin v. Libya dispute centres on what once looked like a promising investment, a dairy and juice factory established in Libya’s capital, Tripoli during a window of economic openness in Libya. But all that was only temporary optimism. With an environment of mounting political instability, the Government of Libya in 2006 saw fit to expropriate this investment. This was the prelude to a lengthy and complex legal battle spanning years and jurisdictions.

The Turkish Constitutional Court examined whether dismissing a reinstatement action for failure to comply with mandatory mediation requirements violated the right of access to justice, despite the final mediation record explicitly referencing the reinstatement dispute. The case centered on whether courts can impose overly formalistic interpretations of procedural preconditions when the substance of mediation clearly encompassed the disputed claim.

This article examines court-ordered interim relief in Türkiye where the underlying dispute is subject to arbitration. It distinguishes interim injunctions from interim attachments, explains the role of Article 6 of International Arbitration Law No. 4686, and addresses the separate statutory conditions under the Code of Civil Procedure and the Enforcement and Bankruptcy Law. Particular attention is given to foreign-seated arbitrations, tribunal and emergency-arbitrator powers, security, procedural deadlines and the preservation of Turkish assets pending an award or enforcement proceeding.

Turkish trademark law practitioners face significant procedural challenges when challenging decisions of the Re-examination and Evaluation Board (YİDK), particularly when seeking both the cancellation of administrative decisions and the invalidation of registered trademarks. This article examines the legal complexities arising from combining these distinct legal remedies in a single proceeding, including issues of jurisdiction, party standing, and evidentiary scope.

This article explains the principal routes for collecting monetary claims in Türkiye under the Enforcement and Bankruptcy Law No. 2004. It distinguishes ordinary enforcement without a judgment from judgment-based enforcement, the special procedure for negotiable instruments and bankruptcy proceedings. It examines payment orders, debtor objections, actions to annul an objection, summary removal of an objection, mandatory mediation, precautionary attachment, asset investigation, attachment and sale.

When critical care falls short in Turkey's intensive care units, the consequences can be devastating and often preventable. This comprehensive guide examines the legal standards ICUs must meet, the common failures that lead to harm, and the rights families have when negligence causes injury or death in these high-stakes medical environments.

When emergency care in Turkey fails to meet accepted standards, the consequences can be catastrophic. This comprehensive guide examines the legal framework governing emergency response errors, from triage mistakes and delayed treatment to wrongful refusals and premature discharge, explaining when urgent care failures cross the line into actionable medical malpractice.