Articles

H Plus Cover Page Interview "Av. Ümit Hergüner"

Mr. Hergüner recently sat down for an interview with H Plus to discuss his...

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Legal Environment Report of the "Belt and Road" Countries

Turkey has been a member of World Trade Organisation (WTO) since March 26, 1995 and has been a party to the...

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International Arbitration: Trends & Developments

The last decade has witnessed a significant growth in cross-border transactions and an increase in the number of investment treaties, leading to a notable growth...

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Litigation: Law & Practice

The Turkish legal system is a civil law system that has incorporated elements of Swiss and German law, and is an inquisitorial model. The legal process is conducted through...

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Litigation: Trends & Developments

Turkish courts are regularly burdened by heavy caseloads, which inevitably lead to delayed outcomes in the cases pending before them. There have been attempts...

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The Dispute Resolution Review - Ninth Edition

Turkey is a unitary republic with a single nationwide legal system. It is a civil law country, as this term is generally understood in...

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The Mining Law Review 5th Edition - Turkey Capital Markets

Mining investment has increased in recent years, and now plays a significant role in the Turkish economy. More than 70 types of mineral are found in Turkey, nearly all of which...

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The Mining Law Review 5th Edition - Turkey Mining

With its natural resources and active business environment, the Turkish mining sector is increasingly attractive to investors. The Turkish government has acknowledged the increasing foreign and local interest in the sector by enacting...

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Corporate M&A: Trends & Developments

2015 was a year of caution for Turkey. The humanitarian crisis in Syria continued, inevitably...

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Corporate M&A: Law & Practice

2015 was a year of caution for Turkey, as the country went through parliamentary elections and the humanitarian..

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The Transport Finance Law Review

The Turkish shipping industry consists of both manufacturers (shipyards) and ship-owners and operators. The total tonnage of the Turkish commercial fleet reached its peak level of 30 million...

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New Role of Private Employment Agencies for Temporary Work

Private employment agencies only officially entered the market in late 2003. Before this date, they did exist but as consultancy organisations with limited activities.

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The effects of minimum wage increases on collective bargaining agreements

In Turkey, the minimum wage is determined by a government-established commission for six-month periods, which constitutes a significant measure for the evaluation of industrial costs. Nearly one-third of the country's labour force is paid the minimum wage.

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Energy: Oil & Gas, Turkey - Trends & Developments

Currently, natural gas produces the greatest amount of electricity in Turkey. In 2013, natural gas accounted for 43.8% of Turkey’s total electricity generation of 240,154 GWh, followed by 26.6% for coal and 24.7% for hydro.

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Mediation for employment related disputes

The Law on Mediation for Civil Disputes (6325) and the Law on Mediation for Civil Disputes (28540) came into force on June 22 2013. This legislation established a more comprehensive framework for mediation in employment disputes than the mediation processes used in collective labour agreements under the Collective Labour Agreement, Strike and LockOut Law.

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Iran: Legal and Business Environment

An interview with Mr. Ümit Hergüner regarding his observations about Iran's business prospects.

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Corporate Governance International Series - Turkey Chapter

A historical weakness of corporate governance in Turkey (a civil law jurisdiction) is that dominant shareholders tend to control a significant portion of Turkish companies.

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What is a solidarity fee and why do unions not like it?

The main aim of a collective bargaining agreement is to develop the employment rights and benefits of employees in the workplace contractually.

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Modifications planned to labour law proceedings

Turkey has approximately 10 million registered employees and a robust, labourfriendly body of law. Against this backdrop, employment relationships frequently end with a lawsuit against the former employer.

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Pharmaceutical IP and competition law in Turkey: overview

Decree Law No. 551 on the Protection of Patent Rights (Patent Decree Law) is the primary legislation regulating patents.

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Employer associations: how effective are they?

The right to unionise is not specific to employees. Employers also have the right to establish or to join an employer association which will represent them in various situations, such as in collective bargaining negotiations, on national and international labour platforms and before nongovernmental organisations.

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Medicinal product regulation and product liability in Turkey: overview

The primary legislation is the Code on Pharmaceuticals and Pharmaceutical Preparations (İspençiyari ve Tibbi Müstahzarlar Kanunu) No. 1262 (Pharmaceutical Code) which was published in the Official Gazette dated 26 May 1928. Various other legislation applies in specific areas.

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The International Comparative Legal Guide to: Oil & Gas Regulation 2015

Turkey has long held a strategic role in the natural gas map of the world. Relying on its key geographical status, market players, be it State or private entities, have been recognising Turkey as a regional energy hub.

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Establishing a business in Turkey

The Republic of Turkey has a civil law legal system. Under the Turkish Constitution, the Grand National Assembly is the supreme legislative authority and can create or abolish any law.

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Lending and taking security in Turkey: overview

The main trends and important developments in the lending market in Turkey in the last 12 months are as follows: Measures and macro-prudential policies have been adopted by the government and the Turkish Central Bank to minimise the impact of the volatility and ambiguity of international markets regarding the Turkish economy.

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The Strategic View - Corporate Restructuring 2016

The Plan states that a fundamental objective of transforming the manufacturing industry is to increase the share of high-technology sectors in production and exports.

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Employment and employee benefits in Turkey: overview

Employment laws in Turkey apply to Turkish nationals and foreign nationals alike. In addition, special provisions exist which regulate the employment and residence permits of foreign nationals who intend to work in Turkey.

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International Arbitration - Turkey Law & Practice

The last decade has been an exceptional period for Turkey. Foreign investment has dramatically increased, loans have been granted by foreign banks and numerous new projects have been undertaken.

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Lexology Navigator - Arbitration

The main piece of legislation governing domestic arbitration in Turkey is the Civil Procedural Code (6100), which entered into force in 2011.

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PPP Route from Concessions to BLTs in Turkey

For a country with such an excellent track record of PPP deals, in terms of numbers and value, Turkey surprisingly has neither a general PPP law nor a central PPP governmental authority.

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The Corporate Governance Review

Turkish corporate governance rules have been evolving quickly over the past few years. Until very recently, the Corporate Governance Principles (the CMB Principles) of the Capital Markets Board of Turkey (CMB), which is the regulatory body for listed companies...

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The Dispute Resolution Review

Turkey is a unitary republic with a single nationwide legal system. It is a civil law country, as this term is generally understood in Continental Europe. Codified law, as the main source of law, adheres to a hierarchical system

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The Mining Law Review 4th Edition - Turkey Mining

With its natural resources and active business environment, the Turkish mining sector is increasingly attractive to investors. The Turkish government has acknowledged the increasing foreign and local interest in the sector by enacting...

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The Mining Law Review 4th Edition - Turkey Capital Markets

In recent years, mining investment has increased and now plays a significant role in the Turkish economy. More than 70 types of mineral are found in Turkey, nearly all of which attract investors, but those that are categorised as ‘precious metals’ are generally of the highest interest.

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The Private Equity Review - Turkey Fundraising

In line with the government’s goal of establishing a powerful financial and securities market, Turkey has become increasingly successful in its efforts to secure a future place among the top players in the financial world and the most powerful economies.

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The Private Equity Review - Turkey Investing

Before the Capital Markets Law No. 6362 (CML)2 entered into force and the related secondary regulations were issued, private equity (PE) in Turkey was structured either by way of a venture capital investment company (VCIC) or a PE fund established in a foreign jurisdiction (offshore PE fund), which would either directly acquire shares in Turkish portfolio companies, or acquire them indirectly through a special purpose vehicle (SPV).

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Corporate M&A Turkey

Despite the political and social tension that surfaced with the Gezi Park demonstrations in June 2013, a reasonable level of M&A activity was maintained, thanks to the relatively strong and stable position of Turkey during the course of the economic meltdown throughout the eurozone.

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Energy: Oil & Gas, Turkey - Law & Practice

Petroleum resources in Turkey are owned by and at the disposal of the State. (For the purposes of the Turkish Petroleum Law, No 6491, (“Turkish Petroleum Law”) the term “petroleum” includes both crude oil and natural gas).

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PPP Models in the Turkish Electricity Market

Turkey has tried a number of different models to increase the participation of private enterprise in electricity generation since the foundation of the Republic.

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Litigation Case Study: How a Well Drafted 20 Year Old Agreement Protected a PPP Investor

Private investors must consider all the potential consequences of entering into what is often a very long term relationship with the state before sitting down to draft PPP agreements.

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Financing the Gebze-Orhangazi-İzmir Motorway: A Landmark BOT Project

Given its size and scope, financing the Gebze-Orhangazi-İzmir Motorway was no easy affair.

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Environmental Protection and Investment Management for BOT PPPs

The Turkish Grand National Assembly introduced the Environmental Impact Assessment Regulation (“EIA Regulation”) to the Turkish environmental legislation in 1993, the legislation has not fallen into place yet and is still subject to change almost on an annual basis, which remains the major problem in maintaining a balance between the need to protect the environment and ensure stability for the interests of investors.

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The Build-Lease-Transfer Model: First Health Campuses, What´s Next?

Turkey has added a new model in its successful public-private partnership campaign that has been put to good use in the healthcare industry, and no doubt has applications in other industries as well.

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A New Dimension to PPPs: Sub-Subcontracted Operators in BLTs

Over the last decade, major developments in the applicable legal framework have led to the fast-tracking of development projects based on privatization and public private partnership models.

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PPPs in the International Realm: IGAs and HGAs Facilitate the Recent Nuclear Energy Projects Inspired by the BTC Pipeline Model

Domestic privatization efforts go hand in hand with private international law when attracting foreign investment in the types of large scale-energy projects Turkey and the surrounding region demand.

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Fracturing Our Future

As Turkey seeks its own version of the “Shale Revolution,” what can it learn from the example of the United States where growing evidence points to the negative impacts of fracking on human and environmental health?

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Bankruptcy Proceedings: Recent Developments

The effort and time spent on bankruptcy proceedings are greater than the effort and time spent on execution proceedings.

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New Regulation on Environmental Permit and License

The New Regulation is to introduce a more consistent, practical and clear practice to address the problems which previously caused delays in the implementation of the projects.

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Reforming or Not Reforming: Does the New Law Really Change Sub-Contractor Relationships?

However, history has demonstrated that there can be hazardous consequences of sub-contracting if not applied in accordance with the law.

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Unlicensed Electricity Generation: New System for Use of Renewable Energy Resources

Unlicensed electricity generation is a unique system based on the use of renewable energy.

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Pension Funds: The Road to a Pleasant Retirement

The system’s primary purpose is to provide the contributors with the opportunity to put their money to good use.

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Provision of Security by Publicly Listed Companies under the New Communiqué on Corporate Governance

The Turkish Capital Markets Board has this year introduced new rules on the corporate governance principles in line with the latest Turkish Commercial Code and Capital Markets Law in order to follow global novelties.

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Trademark Squatting: Why Registration of Your Trademark in Turkey Matters

Faced with a trademark squatter, the real trademark owner will have two options in Turkey.

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Natural Gas Storage Facilities and Exemption System

Natural Gas Storage Facilities and Exemption System

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The Recent Court of Appeals’ Decision Dated May 2014 States: No Extra Charge for Power Plants for Using Sea Water as Cooling Water

There has long been discussion regarding the issue of payment by thermal power plants to the Treasury for the usage of sea water in the production of cooling water and fresh water by the power plants located in seaside cities.

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New Status of Borsa Istanbul After Being Converted to a Joint Stock Corporation

New Status of Borsa Istanbul After Being Converted to a Joint Stock Corporation

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Transnational Energy Projects

The Internationalization of Legal Regimes Governing Transnational Energy Projects

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Bond Issuance and Its Specifications in Regulated Sectors

The CML, which regulates capital market instruments, including the bonds, is the main piece of legislation governing the legal framework of a bond issuance.

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Key Issues in Tax Litigation Procedures in Turkey

Often a tax dispute will arise out of a “difference of opinion” between the taxpayer and the tax office.

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Turkey’s Energy: Where Should We Be Heading?

The world’s wheels are not turning without energy. The lack of it, price fluctuations or decrease in subsidies could cause the downfall of governments

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Solar Electricity Generation in Turkey, Licensed or Unlicensed?

The legislation governing unlicensed electricity generation is limited compared to licensed electricity generation.

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The Pythagorean Theorem on the Triangle of Nationwide Blackout in Turkey, the New (Draft) Natural Gas Market Law and Energy Security

The magnitude was immense and the total loss and damage to the Turkish economy has not been measured to date.

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The Controversy of Leakage-Loss Charges Imposed on Electricity Users and the Legal Chaos Created by the Draft Law

The Draft Amendment expressly addresses the surcharges to be paid (which are found as unlawful by the Court of Appeals) and the authority of regulating them is explicitly granted to the EMRA.

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Dynamics of Privatization in Turkey with a Focus on Energy

Third, Anamur, Bozyazı, Mut- Derinçay, Silifke and Zeyne Hydroelectric Power Plants are also collectively included in the privatization program for granting the right to operate these power plants.

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