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Istanbul Arbitration Centre goes from strength to strength
Kolcuoğlu Demirkan Koçaklı Attorneys at Law
  • Arbitration & ADR
  • Turkey
  • April 19 2018

The Istanbul Arbitration Centre (ISTAC) has provided dispute resolution services to Turkish and foreign entities through arbitration and other alternative dispute resolution processes since the introduction of the ISTAC Arbitration and Mediation Rules in 2015. The Global Arbitration Review has listed ISTAC among the institutions worth a closer look, and this recognition has strengthened its aspiration to become a regional hub for dispute resolution for companies and individuals from Europe, Asia and the Middle East.

Possibility of obtaining preliminary attachment before filing or during enforcement lawsuit
Kolcuoğlu Demirkan Koçaklı Attorneys at Law
  • Arbitration & ADR
  • Turkey
  • February 15 2018

In 2015 the 15th Chamber of the Court of Appeals held that courts cannot grant a preliminary attachment on the ground of a foreign court judgment, unless this judgment had been enforced in Turkey. The court's reasoning was that foreign court judgments and foreign arbitral awards can be executed in Turkey only if and when they are enforced in Turkey. However, a dissenting opinion in this decision stated that courts can grant a preliminary injunction before an enforcement decision has been finalised.

Does an arbitrator's nationality constitute a restriction on appointment?
Kolcuoğlu Demirkan Koçaklı Attorneys at Law
  • Arbitration & ADR
  • Turkey
  • November 16 2017

In both domestic and international arbitrations in Turkey, parties are, in principle, free to choose their arbitrators. However, there are limits in this regard, including where the parties are of different nationalities. The Court of Appeals recently rendered an important decision in this regard, which provides an objective standard of proof for assessing doubts with regard to the independence and impartiality of arbitrators.

Kolcuoğlu Demirkan Koçaklı Attorneys at Law
Kolcuoğlu Demirkan Koçaklı Attorneys at Law
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