Author's Contents
Duygu Oner works as a Senior Associate in the Dispute Resolution Department of Erdem & Erdem. Being experienced particularly in international trade, transport law, corporate law and administrative law, Duygu Oner provides legal consultancy to local and foreign clients regarding commercial and administrative disputes arising in different fields of law, participates in handling of disputes as well as representing clients before Courts. She also represents clients before international arbitration institutions and acts as counsel in arbitration proceedings.
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For arbitral awards rendered in international commercial arbitration to produce legal effects in foreign jurisdictions, they must be subjected to proceedings for “recognition” and “enforcement.” This process is governed by the New York Convention as well as by the provisions of the Law on Private International Law...
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As is well known, the action for annulment of objection is a special type of lawsuit regulated under Article 67 of the Turkish Execution and Bankruptcy Law No. 2004 (“EBL”). The primary objective of this action is to nullify a debtor’s objection to execution proceedings. Despite its procedural function of facilitating...
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Preliminary attachment refers to the temporary seizure of a debtor's assets to secure a creditor's claim. While it serves as a vital instrument for safeguarding the rights of creditors, it is subject to specific and stringent conditions under Turkish law to prevent any potential misuse...
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The declaration of intent to resolve disputes through arbitration is the fundamental constituent element of an arbitration agreement. To speak of a valid arbitration agreement, the parties' intention to arbitrate must emerge in a way that leaves no room for dispute...
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The Grand General Assembly of the Unification of Jurisprudence ("GGAUJ") ruled with the Decision of the Grand General Assembly of the Unification of Jurisprudence dated 28.04.2023 numbered 2021/5 E. 2023/2 K. ("Decision") that if the legal remedy period is erroneously indicated longer in the decision in...
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In the decision dated 14.06.2022 and numbered 2019/149 E. 2022/894 K., the Court of Cassation General Assembly (“CCGA”) evaluated the theory of piercing the corporate veil in the context of the relationship between the guarantor and the borrowing company in a dispute arising from a loan agreement...
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Under Turkish law, parties may agree on the settlement of disputes that have arisen or may arise, regarding the rights that they can freely dispose of, by arbitration. However, disputes which are not subject to the will of parties, such as the disputes relating to in rem rights of immovables, bankruptcy law...
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Turkey ratified the Convention on the Contract for International Carriage of Goods by Road (“CMR”) in accordance with Act No. 3939 dated 7 December 1993, and the CMR entered into force in Turkey on 31 October 1995. In accordance with Article 1 / 1 of the CMR, the carriage of goods by road...
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Under Turkish law, the legal remedy that can be applied against arbitral awards is an annulment action. Law on International Arbitration No. 4686 (“IAL”) finds its application area in arbitration proceedings where Turkey is the place of arbitration...
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