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January 17, 2020

New Era for Public Companies: Privileges will be Abolished in Loss Making Public Companies

Legal Alerts
Capital Markets
Mergers & Acquisitions

Recent Development The Capital Markets Board (the “CMB“) issued the Communiqué on the Principles of Abolishing Voting Rights and Representation in Board of Directors’ Privileges (the “Communiqué“). The Communiqué entered into force upon its publication in the Official Gazette No. 31004 dated January 10, 2020. The Communiqué entered into force upon its publication in the […]

January 17, 2020

The Horizons of Technology and Digitalization in Arbitration

Legal Alerts
Dispute Resolution

In a world of constantly evolving technology and digitalization, the legal profession also evolves and practitioners’ expectations of efficiency and digital tools influence the rise of LegalTech. Technology has introduced searchable databases for court decisions; artificial intelligence that enables selecting arbitrators, writing an arbitration clause, or reviewing case documents quickly; and sharing case files online, […]

January 16, 2020

Constitutional Court’s Long-Awaited Wikipedia Decision Published

Legal Alerts
IT & Communications

Recent Development The Constitutional Court’s (“Court“) decision dated December 26, 2019 with No. 2017/22355 (“Decision“) on Wikipedia was published in the Official Gazette on January 15, 2020. The Constitutional Court ruled that the access blocking decision regarding Wikipedia violated the applicants’ freedom of speech. Background Two articles titled “State Sponsored Terrorism” and “Foreign Involvement in […]

January 13, 2020

Amendments to the Regulation on Commercial Communication

Legal Alerts
IT & Communications

Recent Development The Regulation on the Amendment of the Regulation on Commercial Communication and Commercial Electronic Messages (“Regulation“) was published in the Official Gazette No. 30998 on January 4, 2020. The Regulation introduces significant amendments to the electronic commercial communication practice. What’s New? The Regulation introduces the commercial electronic messages management system (“İYS”) and several […]

January 9, 2020

Constitutional Court’s New Decision on Freedom of Speech

Legal Alerts
IT & Communications

Recent Development In the decision dated November 28, 2019 with No. 2016/256 (“Decision“), the Constitutional Court ruled that the imposition of a criminal sanction on the applicant due to their publications on social media criticizing a politician violated the freedom of speech. The decision was published in the Official Gazette on January 3, 2020. Background […]

January 6, 2020

Amendments in the Attorney Fees in Material Compensation Lawsuits

Legal Alerts
Dispute Resolution

Recent Development An amendment has been made to the Minimum Attorneyship Fee Tariff (“Tariff”) and with this amendment, a new approach similar to the moral damages claims has been adopted for material damages claims. This amendment provides that if a material damages claim is partially dismissed, then the counsel for the defendant’s attorney fees as […]

December 17, 2019

Changes to Mandatory Reserves

Legal Alerts
Banking & Finance

Recent Development The Central Bank of the Republic of Turkey (the “CBRT“) amended (the “Amendment”) the Communiqué No. 2013/15 on Mandatory Reserves (the “Communiqué”). The Amendment entered into force upon its publication in the Official Gazette No. 30973 on December 9, 2019, and is retroactively effective as of November 29, 2019. The Amendment alters the […]

December 16, 2019

ISTAC Introduces Mediation-Arbitration Rules

Legal Alerts
Dispute Resolution

The Istanbul Arbitration Centre (“ISTAC“), one of Turkey’s leading arbitration institutions, introduced the ISTAC Mediation-Arbitration Rules (“Rules“) regarding alternative dispute resolution on 15 November 2019 after introducing the Arbitration and Mediation Rules on 26 October 2015. What is Med-Arb? The mediation-arbitration model, known as Med-Arb, is an alternative dispute resolution method where parties attempt to […]

December 13, 2019

Draft Amendments to Legislation on Authorization in Electronic Communication Sector Open for Public Consultation

Legal Alerts
IT & Communications

Recent Development The Information and Communication Technologies Authority (“ICTA“) presented for public consultation the draft amendments to the legislation on authorization in the electronic communications sector on December 5, 2019. The amendments introduce new regulations on several topics, including application conditions for authorization, authorization periods and fees, competency controls, rights and obligations of operators, and […]

December 12, 2019

ICSID is Modernizing and Simplifying its Rules

Publications
Dispute Resolution

What is ICSID? Established in 1966 by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention), the International Centre for Settlement of Investment Disputes (“ICSID“) is the world’s leading institution for international investment dispute settlements. The ICSID Convention is a multilateral treaty formulated by the Executive Directors […]