Based on the above, in the context of protection of consumer and effective as of 1 January 2017, the relevant legislation “Protection of the Consumer Act” is imposing higher fines for certain violations.

Particularly, companies which use unfair terms in consumer agreements; fail to comply with laws of direct sales agreements and make misleading representation and/or advertising will be subject to a higher fine per violation/per agreement.

In this regard, companies are recommended to comply with current legislation in order to avoid facing financial sanctions. If you require assistance in Turkish company law to determine whether your company is in compliance with Turkish laws, please contact our team.

The post Turkey Sets Higher Fines for Consumer Law Violations appeared first on The Turkish Law Firm in the UK.

It should be noted that the Law only refers to the courts of a foreign jurisdiction and does not require any reference to specific courts in such jurisdiction.

However, recent rulings of the Turkish Supreme Court provide that when choosing foreign courts to have jurisdiction to settle disputes arising out of an agreement, the specific court in the relevant jurisdiction must be precisely referred to, rather than a general reference to the courts of such jurisdiction (e.g., “English courts”) as such a reference would be regarded as null and void. In this regard, Turkish Supreme Court states that the jurisdiction clause should not be considered by the Turkish courts unless the reference is made to a specific foreign court.

Please be informed that Turkish Supreme Court’s rulings are not binding for the courts of first instance in Turkey however the Courts tend to comply with the Supreme Court’s rulings therefore should the parties fail to specify the foreign Court he Turkish Court may decide that they have jurisdiction to hear the dispute.

If you need any assistance with Turkish law and disputes that might arise from contracts, please contact our team.

The post Recent Turkish Supreme Court Ruling appeared first on The Turkish Law Firm in the UK.

It should be noted that the Law only refers to the courts of a foreign jurisdiction and does not require any reference to specific courts in such jurisdiction.

However, recent rulings of the Turkish Supreme Court provide that when choosing foreign courts to have jurisdiction to settle disputes arising out of an agreement, the specific court in the relevant jurisdiction must be precisely referred to, rather than a general reference to the courts of such jurisdiction (e.g., “English courts”) as such a reference would be regarded as null and void. In this regard, Turkish Supreme Court states that the jurisdiction clause should not be considered by the Turkish courts unless the reference is made to a specific foreign court.

Please be informed that Turkish Supreme Court’s rulings are not binding for the courts of first instance in Turkey however the Courts tend to comply with the Supreme Court’s rulings therefore should the parties fail to specify the foreign Court he Turkish Court may decide that they have jurisdiction to hear the dispute.

If you need any assistance with Turkish law and disputes that might arise from contracts, please contact our team.

The post Recent Turkish Supreme Court Ruling appeared first on The Turkish Law Firm in the UK.

As per the Circular, Turkish public institutions and organisations are encouraged to consider arbitration under the ISTAC Arbitration and Mediation Rules which have been drafted by taking into consideration all the modern and frequently used international arbitration and mediation rules and as a possible dispute resolution mechanism in their domestic and cross border transactions.

It should be noted that the Prime Minister’s recommendation is not binding however it is expected for the public bodies to comply and use ISTAC for arbitral matters. Hence we are in the opinion that non-governmental bodies and private organisations will be using ISTAC more in their contracts as well, as opposed to domestic litigation.

ISTAC is an independent arbitration institution and is competent to hear disputes in both foreign and domestic nature providing investors, businesses and companies especially from the Gulf, Middle East, Near East and North Africa a cost and time effective way to settle their disputes in an impartial, flexible and confidential manner in international standards.

To view ISTAC’s website please click here.

https://istac.org.tr/

The post Prime Ministry Circular on Istac appeared first on The Turkish Law Firm in the UK.