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Legal Alerts

The Court of Cassation Changes Its Precedent on Post-Mediation Arbitration (Med-Arb) Agreements

The Court of Cassation’s 3rd Civil Chamber, by its decision dated 15 January 2026 (File No. 2025/5452, Decision No. 2026/129), upheld the validity of a “mediation first, arbitration if unresolved” (Med-Arb) clause and marked a shift in its case law by departing from its earlier reversal approach on the same issue.

Article

SAFE Agreements (Simple Agreement for Future Equity) in Turkish Law

A SAFE streamlines early-stage start up financings by postponing valuation and tying conversion into equity to specific trigger events. Under Turkish law, the key issues typically revolve around contractual characterization, the corporate steps required for conversion (share issuance or capital increase), and enforceability in practice. The article offers a high-level overview of these core considerations through a TCO and TCC framework.

Article

The Third-Party Garnishment Notice and the Negative Declaratory Action under Turkish Enforcement and Bankruptcy Law

Article 89/3 of the Turkish Enforcement and Bankruptcy Law sets out a three-stage garnishment notice mechanism that may deem a third party to “hold” the debtor’s debt if no timely objection is made. Key issues include defective service and its effect on time limits, the 15-day peremptory period for filing a negative declaratory action, suspension of enforcement upon proof of filing, subject-matter jurisdiction clarified by the 2023 Court of Cassation (11th Civil Chamber), the 2025 Constitutional Court’s burden-of-proof approach, and the ongoing debate on mandatory mediation.

Article

Contractual Protection of Trade Secrets and Confidential Information: Non-Disclosure Agreements (NDAs) in Light of Turkish Law of Obligations and Court of Cassation Jurisprudence

Although not expressly regulated as a typical contract under the Turkish Code of Obligations, NDAs have become a technically critical risk-management tool in practice, where defining the scope of confidential information and trade secrets, setting clear limits on use in processes such as due diligence, and calibrating penalty clauses and damages for breach are decisive.

Article

A Foreign Investor’s Guide to International Commercial Arbitration in Türkiye

Türkiye offers foreign investors a modern UNCITRAL aligned and arbitration friendly framework backed by ISTAC and the New York Convention that enables faster and readily enforceable resolution of cross border commercial disputes with minimal court interference.

Legal Alerts

New Annulment Decision by the Constitutional Court Regarding the Phrase “From the Notification of the Decision” in Article 28 of the Law on Fees

The Constitutional Court of Türkiye, in its decision published in the Official Gazette dated 24 December 2025 , has annulled the phrase “...from the notification of the decision...” in Article 28 of the Law on Fees No. 492 regarding the payment period of the remaining judgment and writ fee , finding it unconstitutional regarding “lawsuits for compensation filed due to de facto expropriation (kamulaştırmasız el atma) where the defendant is not exempt from fees.”

Legal Alerts

New Decision by the Constitutional Court on the Annulment of the Provision Regulating the Statutory Interest Rate

Anayasa Mahkemesi, 1 Aralık 2025 tarihli Resmî Gazete’de yayımlanan kararıyla, 3095 sayılı Kanuni Faiz ve Temerrüt Faizine İlişkin Kanun’un kanuni faiz oranını belirleyen 1. maddesini "sözleşmeden kaynaklanmayan borç ilişkileri" yönünden Anayasa’ya aykırı bularak iptal etti.

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