Turkish Commercial Law Review

Turkish Commercial Law Review The Turkish Commercial Law Review (TCLR) is a law journal devoted to issues of relevance to commercial lawyers and academics with an interest in Turkey.

Each year The Turkish Commercial Law Review publishes one volume, comprising of two separate issues. Issues contain material authored by practising lawyers, academics, and members of the judiciary. The Turkish Commercial Law Review Online supplements the print editions by publishing shorter, accessible articles and case comments – often on timely issues.

30/08/2017

We are wishing all our Turkish followers a happy Victory Day.

'Fairness and the Final Word: State Responsibility for Court Action in Investment Arbitration' by Hussein Haeri and Ruzi...
25/08/2017

'Fairness and the Final Word: State Responsibility for Court Action in Investment Arbitration' by Hussein Haeri and Ruzin Dağlı

"State responsibility for the actions of national courts in international investment law is often interpreted within the framework of denial of justice. Indeed, denial of justice is widely perceived as the archetypal breach of international law by courts. However, this paradigm does not always align well with the reality of investment treaty jurisprudence."

Read on TCLR: http://bit.ly/2sTrTgL

'Illegality and Jurisdiction in Investment Arbitration' by Thomas Roe Q.C."A foreign investor complaining by internation...
25/08/2017

'Illegality and Jurisdiction in Investment Arbitration' by Thomas Roe Q.C.

"A foreign investor complaining by international arbitration of conduct alleged to be prohibited under an investment treaty
may face the allegation that some illegality in connection with the acquisition of the investment operates to deprive the arbitral tribunal of its jurisdiction. This article considers whether there is, as has been suggested, a rule that illegality cannot in principle have such an effect."

Read on TCLR: http://bit.ly/2sNKo9u

'Turning Enemies into Adversaries: TTIP Negotiations and the Quest for a New Westphalia Momentum' by Emanuela Matei and ...
21/08/2017

'Turning Enemies into Adversaries: TTIP Negotiations and the Quest for a New Westphalia Momentum' by Emanuela Matei and Horia Ciurtin.

"Neither universalism nor isolationism can be regarded as legitimate representations of a pluralist global society. In economic terms the current paradigm engenders instability by enhancing inequality within and among diverse constituencies. The present-day factual reality denies the zero-sum game pattern and, together with that, the reliability of the Westphalian model".

Read on TCLR: http://bit.ly/2szFxIY

'International Arbitration of M&A Transactions: On the Enforceability of Call Options in Turkish Law Shareholders’ Agree...
18/08/2017

'International Arbitration of M&A Transactions: On the Enforceability of Call Options in Turkish Law Shareholders’ Agreements' by Emir Jami.

"Enforcement of some shareholders’ agreement provisions frequently used in global M&A practice may in some cases turn out to be complicated under Turkish law."

Read on TCLR: http://bit.ly/2tgAKtD

'How the European Court of Human Rights evaded the Business and Human Rights Debate in Özel v. Turkey' by Lieselot Verdo...
18/08/2017

'How the European Court of Human Rights evaded the Business and Human Rights Debate in Özel v. Turkey' by Lieselot Verdonck.

"The judgment in Özel v. Turkey is disappointing in that the Court decided not to discuss the actual impact of human rights on companies. In times of vigorous and divisive debates about the role of international law in ensuring respect for
human rights by companies, the ECtHR should not dodge controversies but lead the way."

Read on TCLR: http://bit.ly/2s3mJAP

18/08/2017

Our thoughts are with those affected by the attack that took place in Barcelona.

'The Nature of Dispute Board Decisions, with Special Emphasis on the Turkish Law Approach' by Yasemin Çetinel."Dispute b...
14/08/2017

'The Nature of Dispute Board Decisions, with Special Emphasis on the Turkish Law Approach' by Yasemin Çetinel.

"Dispute boards first appeared in the construction industry as a reply to the needs of the industry’s actors for the fast resolution of contentious issues and the need for predictable cash-flow throughout the construction projects [...] Turkey recently entered the international construction practice and its
relevant currently applicable legal material requires careful scrutiny and further legal developments are required before a proper dispute board practice can become established in the country".

Read on TCLR: http://bit.ly/2se6cKz

'Turkish Commercial Law: Legislative Activity' by Ercüment Erdem.Read on TCLR: http://bit.ly/2ryv1xo
14/08/2017

'Turkish Commercial Law: Legislative Activity' by Ercüment Erdem.

Read on TCLR: http://bit.ly/2ryv1xo

'A Study on Cloud Computing and Data Protection in the Light of EU and Turkish Laws' by Sinem Birsin and Beril Çelebi Ce...
11/08/2017

'A Study on Cloud Computing and Data Protection in the Light of EU and Turkish Laws' by Sinem Birsin and Beril Çelebi Cem.

"This article first provides an overview on the infrastructure and service models in cloud computing and the benefits and risks of procuring such services. Then it discusses one of the major concerns in cloud computing, data privacy and security in the light of Turkey’s newly enacted Law on Protection of Personal Data No. 6698. Lastly, the main agreements executed under the cloud computing model are evaluated and the nature and possible effects of such terms are briefly analysed."

Read on TCLR: http://bit.ly/2rfkVnP

'Treading the Waters of Egyptian Commercial Agency Laws, and Their Impact on Foreign-Based Tendering Investors' by Tarek...
11/08/2017

'Treading the Waters of Egyptian Commercial Agency Laws, and Their Impact on Foreign-Based Tendering Investors' by Tarek Badawy and César R. Ternieden.

"This article focuses on the common risks posed by Egyptian law so that foreign-based businesses may better protect their interests to secure a smooth, long-term, performance of their contracts, particularly if they select Egyptian law as the law governing their agency agreements."

Read on TCLR: http://bit.ly/2rKogbL

'Japanese Arbitration: Green Tea and Sympathy?' by Mark Goodrich."The relatively low involvement of Japanese parties in ...
09/08/2017

'Japanese Arbitration: Green Tea and Sympathy?' by Mark Goodrich.

"The relatively low involvement of Japanese parties in arbitration is a perennial puzzle which has drawn attention for decades. This article examines some recent statistics in order to evaluate theories about the perceived reluctance of Japanese parties to engage in arbitration and Japan’s arbitration infrastructure. "

Read on TCLR: http://bit.ly/2qjLl5J

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