Dispute Resolution

The General Assembly of Civil Chambers of the Turkish Court of Cassation (the “Court”) considered whether an arbitration clause contained in an expired distribution agreement continued to apply to the parties’ subsequent commercial relationship (decision dated November 29, 2023; case number:…

In its decision dated 4 December 2025 and numbered 2025/2318 E. and 2025/7273 K. (“Decision”), the 11th Civil Chamber of the Court of Appeal held that an international jurisdiction clause may be valid even where it does not designate a specific court or city within the chosen foreign state. The…

In its decision dated 11 September 2025 and numbered 2025/452 E. and 2025/4021 K. (the “Decision”), the 3rd Civil Chamber of the Court of Appeal made significant observations to the effect that whether a foreign decision sought to be enforced qualifies as a court judgment must be determined under…

The Court of Appeal used to adopt an extremely strict approach, deeming arbitration clauses invalid unless they referred exclusively to arbitration. In numerous decisions, the Court of Appeal emphasised that the parties' intention to submit their disputes to arbitration must be explicit,…

The scope of challenges raised in set-aside proceedings and the judicial approach to such challenges continue to be of particular importance in arbitration practice. In two arbitration proceedings arising out of the same commercial relationship, which have recently become final following the…

A dispute may have completed all stages of litigation, the judgment may have become final, and the case file may appear to be closed. Nevertheless, this may not always mean…

The Turkish Constitutional Court has recently issued a notable decision on the matter of inconsistencies observed in the decisions rendered by 13th Civil Chamber of the Court of Appeal (“Chamber”)…

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…