PRACTICE AREAS

he UK had been implementing one of the main principles of EU law which is freedom of movement for a long-time as they were part of the EU. However, after the UK left the European Union on 31st of January 2020, it adopted a new immigration policy. According to the government, UK's new immigration system will be based on a points system which can be said that it is similar to Australian or Canadian point systems. The UK's point-based system will come to enforcement on 1st of January 2021. According to this new immigration policy, starting from January 2021, all applicants, both EU and non-EU citizens will be treated equally.

On 28 June 2020 issue of official gazette Turkey Payment and Electronic Money Association Statute is published and with that Turkey Payment and Electronic Money Association is formed. Pursuant to Article 7 of this statute, "All payment and electronic money institutions are obliged to become a member of the association within one month after obtaining an operating license. Organizations that do not fulfill this obligation by the association shall be notified to the Central Bank of the Republic of Turkey. "

As a rule, the written consent of the landlord is needed for a lease agreement to be assigned to a third party. However, when it comes to office lease agreements, a landlord cannot abstain from providing the written consent if there is a fair cause. The articles of the Turkish Code of Obligations No. 6098 (‘’TCO’’) had been postponed for workplaces lease agreements.

Arbitration, as an alternative dispute resolution method, continues to play an important role on resolving international commercial disputes during Covid-19 Pandemic. During the Covid-19 Pandemic, Arbitration Institutions and Arbitration practitioners around the World take a number of measures to tackle the obstacles that they have faced because of the effects caused by the Covid-19 Pandemic. In this article, we will look at how international arbitration proceedings are affected by the Covid -19 Pandemic and we will then examine the context of virtual hearing in arbitration proceedings. Finally, we will look at how leading arbitration centres tackle with the effects of Covid -19 Pandemic around the World.

In order to prevent the spread of the COVID-19 epidemic, the Republic of Turkey's Ministry of Commerce has taken some measures on how companies should organize their board meetings. Within the scope of these measures, the ordinary general meetings of joint stock and limited companies, which were previously invited to the meeting in accordance with the Turkish Commercial Code numbered 6102 ("TCC") and the company agreement, were cancelled with a decision to be taken by the governing bodies, without waiting for the general meeting to be held.

The COVID-19 pandemic is showing the effects all over the world and as for Turkey, has taken immense measures to prevent the spread of COVID-19 and the Ministry of Internal Affairs decided to temporarily close workplaces. With the Provisional Article 2 of the Law No. 7226 which dated on 26.03.2020, it was concluded that the rental fees that were not paid between 1.3.2020-30.6.2020 will not constitute the reason for the termination of the lease contracts and evacuation of the workplaces. Problems have arisen as to whether the measures introduced in terms of lease contracts will be paid in respect of rental fees. In this article an assessment will be made on this issue.

Turkey is taking the forefront for the usage of social media platforms. As for the government, the safety of the internet publications and the protection of the users is hard to maintain. In order to restrict and obtain more current information relating to internet publications, government proposed a new bill that contains restrictions and penalties. In the middle of the COVID-19 virus crisis, Turkish government proposed  an amendment to the country’s existing internet law under the "Government Bill on Amendment in Certain Laws". The proposed bill covers additional measures taken to combating COVID-19 and sets out new regulations that closely concern all social media networks.

As the coronavirus outbreak is increasing rapidly by day, more uncertainty and difficulty for enterprises and businesses are born particularly in regard to the performance of contractual obligations. Ultimately, businesses worldwide are considering whether they can or should rely on the force majeure clause, if there is one in the relevant contract, or the common law doctrine of frustration as legal mechanisms to manage the impact of the crisis on their business and see what possible remedies might be available at the end. This article aims to evaluate whether the ongoing global coronavirus outbreak can trigger the doctrine of frustration or force majeure under English law.

With the spread of the COVID-19 pandemic, which is first seen in the city of Wuhan in China, to all continents and 127 countries, countries try to prevent by taking extraordinary measures such as curfew, closing of entrances and exits of their country. Within the measures taken as a result of the unexpected spread of the COVID-19 pandemic, various sectors and commercial relations have been damaged by affecting the whole world economy. First of the issues to be mentioned in the related article is the concept and conditions of the principle of adaptation of the contract; subsequently, it will be discussed whether the COVID-19 pandemic can be evaluated within this scope.

On March 23, 2020, The Union of Turkish Bar Association submitted a letter to the Ministry of Justice to address problems accruing in the judiciary due to the COVID-19 pandemic. Following this call, the deadlines for proceedings were temporarily suspended due to the COVID-19 pandemic by the judgment adopted on 25 March 2020. A number of regulations have been made to prevent the loss of rights in the judiciary.

The COVID-19 virus has become a global threat and has been considered an epidemic by the World Health Organization. It is the observation that the virus not only is a threat to people’s health but also has detrimental effects on the international trade field. This article aims to explore how the epidemic has had an impact on international trade so far and evaluate whether it can amount to force majeure under Turkish law.

In this article, the main point is to analyse Turkish Law as well as English Law, the legal and authoritative intercessions in the scope of freedom of contract, and to demonstrate how, and under what conditions, authoritative desires rely on an assortment of non-contractual economy and social expectations affect bargaining power in contracts. This article will especially analyse in depth of bargaining power in contractual situations and the constitutional principle of helping the weak party in contract obligations to understanding, which initially codified to 2012 Code of Obligations in Turkey.

The Turkish property market is growing day by day. Every year, many foreign investors are buying property in Turkey. In accordance with the Article 35 of the Land Registry Law No. 2644, amended by Law No. 6302, which entered into force on 18 May 2012, the condition of reciprocity for foreigners who wish to buy property in Turkey is abolished.

In Turkey, commercial litigation disputes plays a huge role in court proceedings in which the reason of heavy workloads of the courts, CCP encourages ADR mechanisms. Some of the ADR mechanisms are mandatory. In this article, we intend to give general outlook about Turkish Civil Litigation Proceedings and specifically we focus on commercial litigation proceedings and alternative dispute resolution methods in Turkey.

On 31 January 2020, Brexit took place and the UK left the European Union. Following this on 1 February 2020, the Brexit transition period started. Although the Brexit transition period is predicted to last until 31 December 2020, some critics have the opinion that it may take much longer. Throughout the transition period UK will still be obliged to comply with the European Union rules, which means the Court of Justice of the European Union will continue to have jurisdiction over the UK. This article examines the issues of how the Brexit transition period will affect the Turkish businesspersons and their businesses, the new immigration rules and this period’s effect on the Ankara Agreement work visas.

There are two main frameworks to start debt collection proceedings in Turkey: enforcement proceedings without a court judgment (ilamsız icra takibi) and enforcement proceedings with a court judgment (ilamlı icra takibi). This article examines Turkey's debt collection system and answers the question on how to collect a debt owed to you in Turkey.

On 19.09.2018, the Official Gazette published the Presidential Decree No. 106 amending Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law laying down the conditions on which Turkish citizenship is obtained. Pursuant to these amendments indicated in the Presidential Decree, the quantitative limits set for the investments in capital and real estate have been considerably reduced. Therefore obtaining a Turkish citizenship has become significantly easier than before.

The amendments to Law no. 7155 "Law on Commencement of the Proceedings Relating to Pecuniary Claims Originating from Subscription Contract" which entered into force on its date of publicity on 19 December 2018 in the Official Gazette, introduced a mandatory mediation process before litigation for commercial disputes starting from 1 January 2019.

Cryptocurrency has firstly entered Turkey in 2009 and has caught the attention of many investors and entrepreneurs almost immediately. The rapid growth of the practice and exploration of the usage of Cryptocurrency in Turkey has been noticeable especially since 2013 when certain Turkish regulation authorities and supervision agencies announced the recognition of it.

The CJEU has been considering whether or not Article 50 (provision of the Lisbon Treaty) can be revoked by a Member State without requiring the formal agreement of the other EU Member States or the European Commission. This was brought up at the request of a group of petitioners including various MPs, MSPs and MEPs along with a Scottish court, the Court of Session, Inner House and First Division (UK).

In this article, we intend to provide general information and procedure for the exceptional acquiring of a Turkish Citizenship under the new regulation introduced by the Turkish Government on 12.12.2016. Before moving into the new regulation in detail, under the current rules Turkish Citizenship can be acquired by;

Pursuant to presidential decree no 106 dated 18 September 2018, “Regulation Amending the Regulation on Implementation of Turkish Citizenship Law” acquiring Turkish citizenship has become easier than ever before.

It is true say that company incorporation process in Turkey is relaxed following implementation of new Turkish Commercial Code. However, in term of time, with it is length process Turkey is still well behind from most of the European countries.

Corruption is a widespread phenomenon in international business transactions all over the World. In accordance with corruption perception index 2014 results, published by Transparency International, Turkey is ranked 64 among 175 countries as most corrupted countries. The index also revealed that Turkey's score of tackling corruption in 2014 were decreased from 50% to 45 % from 2013. This is a clear indication that corruption in Turkey is rising and Turkey should take immediate further steps to tackle the increasing number of corruptions.

Article 20, sub-article 2(b) of the Regulation on the Implementation of the Turkish Citizenship Law, which entered into force on 11 February 2010 with the Council of Ministers Decision No. 2010/139, was amended by the Presidential Decree No. 418 which was published in the Official Gazette on the date 6 December 2018.

Turkish National Grand Assembly, after waiting a long time, enacted the Istanbul Arbitration Centre Law and on 29 November 2014, an act numbered 6570 for the establishment of the Istanbul Arbitration Centre was published in the Turkish Official Gazette. The enforcement date of the new law is on 1 January 2015.

Turkish shipyards start super-yacht building projects without the signing of any formal contract. Without a well drafted, comprehensive yacht-building contract, the parties may fall into dispute easily, which may cause the whole project to fail.

According to the decision of Energy Market Regulatory Authority (EPDK) on 24 May 2012, EPDK is planning to accept photovoltaic power plant licence for total installed capacity of 600MW for production capacity by June 2013. The legislation required 12 months solar measurement for application for a production license. Currently, a number of companies undertaking measurement within the area which specified by EPDK.

Turkish law allows all foreign real persons to purchase real estate in Turkey. Previously, foreign real persons could only purchase real estate in Turkey if their own country allowed Turkish citizens to purchase real estate there.

The new regulations for amending the Regulation on Unlicensed Electricity Generation in the Electricity Market ("Amendment Regulation") and the Communiqué Amending the Communiqué on Unlicensed Electricity Generation in Electricity Market ("Amendment Communiqué") were published in the Official Gazette on 23 March 2016 which entered into force on the same date.