The arbitration agreement within a contract is a contract in its own right, collateral to the main contract. The law governing the arbitration agreement covers substantive matters relating to the agreement to arbitrate, for example, the interpretation, scope and validity of the agreement to arbitrate.

Under Turkish law, if a creditor files a claim before an execution office when their receivable is not based on a court judgment or a pledge, the execution office will send a payment order to the debtor. If the debtor files an objection with the execution office, the creditor will be compelled to file legal action against the debtor in order to vacate the objection, with the view of proceeding with the execution proceedings once the objection is vacated.

How free are we on social media? How do our posts affect our professional business life? A striking decision of the Turkish Constitutional Court enlightened the answer to these questions.

Last year, the Court of Appeal (“Court”) handed down a landmark decision in a claim related to the setting-aside of an arbitral award, where the question was whether it was the arbitration institution (in this case, the ICC) or the Turkish courts, which were competent to extend the time-limit of the arbitral proceedings.

Justice is the cornerstone of societies and ensuring justice starts with protecting the right of access to the courts. However, sometimes, even seemingly final court decisions may be disregarded in the event of a violation of the right of access to the courts.

As the validity of an arbitration agreement is a complex and multifaceted topic that requires an extensive and thorough analysis, we focus on what makes an arbitration agreement non-exclusive and the validity of such agreements according to the Turkish case-law.

The Court of Appeal (“Court”) handed down a landmark decision in a claim requesting the court to set-aside an arbitral award.

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