Searching Content indexed under Trials & Appeals & Compensation by Erdem & Erdem Law ordered by Published Date Descending.
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A Recent Decision From The High Court Of England And Wales: Confidentiality Of Arbitration v Public Interest
This case is interesting as it demonstrates the importance placed on the quality and standards of arbitrators by the English court and the support given to the integrity of arbitration.
1 Aug 2019
An Important Decision Of The Assembly Of Civil Chambers Of The Court Of Cassation Regarding The Principle Of Legal Security
In a lawsuit regarding receivables by an employee from his employer, the court of first instance accepted the case by ruling that the employment agreement was not terminated with just cause.
31 Jul 2019
Forum Shopping Decision Of The Federal Supreme Court Of Switzerland
In its judgment dated 14 March 2018 and numbered 4A_417/2017, the Federal Supreme Court of Switzerland ruled that the Swatch Group AG had a legal interest in filing a negative declaratory action..
16 Jul 2018
The Unlikelihood Of A Subsequent Debt Repayment In Accordance With The Swiss Federal Court Decision Dated 21 July 2015
Both in the Turkish Code of Obligations ("TCO") and the Swiss Code of Obligations ("SCO"), the notion of unlikely debt repayment is regulated under two different parts.
3 Jul 2017
ICSID Tribunal's Decision On The Claims Of Içkale Inşaat Against Turkmenistan
The ICSID tribunal, comprised of Veijo Heiskanen (president), Carolyn B. Lamm (appointed by the Claimant), and Phillippe Sands, QC (appointed by the Respondent), has dismissed the USD 570 million claim...
9 May 2017
6 Decision
The Competition Board concluded its investigation with regard to the booking services provided by B.V. and by Bookingdotcom Destek Hizmetleri LLC, operating as the Turkish representative of
14 Mar 2017
Concordat As An Alternative To Suspension Of Bankruptcy
Under Article 4 of Decree Law numbered 669 and dated 31.07.2016, corporations are prohibited from requesting, and the courts are prohibited to rule upon, suspension of bankruptcy.
4 Jan 2017
Consequences Of Non-Attainment Of Guaranteed Minimum Order In Agency And Distribution Contracts
It is common that agency and distribution contracts provide a minimum order undertaking for the agent and the distributor.
25 Aug 2016
Establishment, Structure And Functioning Of Regional Courts Of Appeal
We will assess the establishment, functioning, and appellate procedure against the decisions of the civil courts of first instance within the scope of this Newsletter.
24 Aug 2016
Prevention Of Intellectual Property Rights Infringements Through The Internet
We live in an age where even babies are able to use the internet. We have mobile phones and the internet with us at all times – even in the morning when we wake up, during our coffee breaks, and throughout our most important evenings.
6 Jun 2016
Swiss Supreme Court Decided Stay Of The Arbitration Pending Compliance With Multi-Tiered Clause
The Swiss Federal Supreme Court with its latest decision dated March 16, 2016 decided to stay the arbitration as a result of a failure to comply with a multi-tiered dispute resolution clause.
3 Jun 2016
Promoting Settlement In International Arbitration
The commencement of arbitration proceedings does not eliminate the possibility of a settlement between the parties in dispute.
31 Mar 2016
Non-Compete Clauses In Share Transfer Agreements Review Of The Court Of Cassation's Decision
The 11th Civil Chamber of the Court of Cassation approved the decision of the court of first instance by the majority of votes with its decision dated 11.06.2015.
30 Mar 2016
Third Party Funders In Arbitration
Third party financing or third party funding may be defined as the financing of arbitration costs of one of the parties by a third person who is not related to the claim.
6 Nov 2015
Court Of Cassation Decisions Regarding The Scope Of The Application Of Article 138 Of The Turkish Code Of Obligations Of Indebtedness In Foreign Currencies
Turkish Code of Obligations No. 6098 that entered into force on 01.07.2012 has a provision entitled "hardship," which was not found in the former Code of Obligations No. 818.
14 Aug 2015
Liquidation Of Ordinary Partnerships In Light Of Court Of Cassation Decisions
Pursuant to Art. 644 of the TCO, the liquidation shall be conducted by all of the partners unless otherwise agreed under the partnership agreement.
25 Jun 2015
Gazprom Decision Of The Court Of Justice Of The European Union On Anti-Suit Injunctions
The general explanations on anti-suit injunctions are analyzed in our Newsletter article published in February.
European Union
24 Jun 2015
The Liability Of More Than One Person For The Same Damage Pursuant To Turkish Code Of Obligations Numbered 6098
In the event that more than one person is liable for the same damage, the relationship between the injured party and the liable persons – referred to as the "exterior relationship," – and the relationship between the liable persons - are regulated differently.
8 Apr 2015
Joint Stock Companies’ Capacity Of Becoming A Surety
Before the entry into force of Turkish Commercial Code No. 6102 the capacity of joint stock companies with respect to becoming a guarantor or surety was an important issue.
19 Mar 2015
Anti-Suit Injunctions In International Arbitration
Anti-suit injunctions are national court orders used especially in common law countries, in order to protect the jurisdiction of the arbitral tribunal, or to prevent the tribunal from assuming jurisdiction.
19 Mar 2015
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