Under Turkish Code of Obligations numbered 6098 ("TCO"), the termination of lease agreements concerning residences and roofed workplaces by landlords is only possible under specific limited circumstances. One of these limited circumstances is evacuation of the leased property based on the tenant's written obligation to evacuate. Due to economic fluctuations in Turkey in the recent years, disputes between landlords and tenants regarding rent increases have made the evacuation of the leased property more important for landlords before the expiration of the contract term. In this context, obtaining an eviction commitment from the tenant has become a frequently used method. In this article, we will focus on the meaning of the eviction commitment, its requirements, and the procedure for evacuating the leased property based on the eviction commitment.
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The right to file an action for annulment/ cancellation of an international arbitration award is regulated under Article 15 of the International Arbitration Law numbered 4686 (“IAL”). IAL applies to disputes where a foreign element is involved in the case and Turkey is designated as the place of arbitration; or where the provisions of this law are chosen to be applied to the case by the parties or arbitral tribunal.
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The right to file an action for annulment/ cancellation of a domestic arbitration award is regulated under Article 439 of the Code of Civil Procedure (“CPC”). One of the important differences between domestic arbitral awards and international arbitral awards is that provisions of domestic arbitral awards are regulated under CPC, while international arbitral award provisions are regulated under International Arbitration Law. In this note, we would focus on the annulment of a domestic arbitral award.
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We are pleased to share with our clients and stakeholders in construction industry the quick reference guide on construction related legal and business matters; Turkey chapter of Lexology’s Getting the Deal Through: Construction 2024.
The guide is prepared by our partners Çağrı Cem, Sinem Birsin and Beril Çelebi Cem and provides local insights and expert analysis on major topics including foreign entry into the local market; licensing procedures; competition considerations; labour and closure of operations; rights to payment; dispute resolution mechanisms; applicable investment treaties, and recent trends.
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A number of international businesses operate in Türkiye, and as these foreign businesses expand, so does the need for more foreign employees.
There are certain permissions that need to be obtained for foreign employees employed by foreign investors in our country. As a generic note, the Ministry of Labor and Social Security is the competent authority for regulating the working conditions of the foreign employees.
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As widely accepted in international construction practice, entitlement to a claim, such as time extension and additional payment, under construction contracts and, more specifically, under FIDIC-type contracts, time bars regulated under the contract constitute a condition precedent. In other words, failure of the contractors to observe the time bar provisions and to serve the required notices within the period stipulated under the contract may lead to a cease of the contractors’ entitlement to claims.
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Investment arbitration is a method for resolving the disputes between investors and host States. Through investment arbitration, investors have access to independent and qualified arbitrators who will resolve the dispute and render an enforceable award. Investors may initiate an investment arbitration, if host State has given its consent.
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The FIDIC contracts which we frequently encounter in international contracting, contain detailed regulations with regards to resolving the disputes that may arise under the projects. In situations where it is not excluded from the scope of application by the parties of project / contract, FIDIC stipulates a gradual / multi-tier resolution of disputes. In this sense, in case where the extension of time and/or additional payment claims (or any similar claims) of the Contractor causes a dispute between the parties of the contract, FIDIC regulations provide that the disputes shall primarily be resolved by the “dispute adjudication board”, as commonly referred to as the DAB (or, in some cases, dispute board / DB).
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We are pleased to share with our clients and stakeholders in construction industry the quick reference guide on construction related legal and business matters; Turkey chapter of Lexology’s Getting the Deal Through: Construction 2023.
The guide is prepared by our partners Çağrı Cem, Sinem Birsin and Beril Çelebi Cem and provides local insights and expert analysis on major topics including foreign entry into the local market; licensing procedures; competition considerations; labour and closure of operations; rights to payment; dispute resolution mechanisms; applicable investment treaties, and recent trends.
Turkey's geopolitical and economic position encourages foreigners and foreign companies to invest, start a business and obtain work or residence permits in Turkey. In this respect, opening a bank account in Turkey provides utmost convenience and speed in financial transactions. Non-citizens of the Republic of Turkey also have the right to open a bank account in Turkey, as do Turkish citizens. The foreigners can be either natural persons or legal entities. Opening a bank account by a foreign natural person and opening a bank account to a foreign legal person are subject to different procedures.
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