Legal assistance in cıvıl and arbıtratıon courts of Turkey
In the context of the development of international cooperation and the rapid growth of migration flows, one of the main tasks is the regulation of public relations with the participation of individuals with different citizenship or living in the territory of different states.
International law is a set of legal relations with the participation of foreign elements and regulations governing these relations. The sources of international law are international treaties, international legal customs and auxiliary sources – acts of international organizations, decisions of international judicial and arbitration bodies, international legal doctrine.
The convergence of the legal systems of different countries leads to the emergence of new provisions, approaches, solutions in Turkish international law.
What is the role of international civil law in Turkey?
The role of international civil law in the modern world is sharply increasing. There are many reasons for this, such as: the internationalization of economic life, the creation of a single world market, regional organizations (European Union, CIS, etc.), increase migration (labour mobility, tourism, etc.) and technological change. For Turkey, the growing role of international civil law is conditioned by entry into the world market, an increase in the inflow of foreign investment, and the country’s transition to an open society and the rule of law.
What rules and regulations does international civil law include?
In general the system of private international law includes the rules governing:
protection of the rights and legitimate interests of legal entities abroad;
the legal status of foreign citizens, stateless persons, foreign legal entities and organizations as participants in international civil law;
participation of the state, international organizations, their representatives and officials in civil relations with a foreign element;
property rights, including investment rights;
contractual and other obligations;
exclusive rights to the results of intellectual activity;
inheritance rights;
family rights;
labor law.
In accordance with Law of Turkey (1982) No. 2675 “On private international law and international civil procedure,” foreign judgments are executed on the territory of this state, subject to several conditions, including should be «the existence of an agreement between the Republic of Turkey and the state where the decision was made. This agreement based on the principle of reciprocity of execution of judgements, or the existence in a foreign state of legal provisions or actual practice, which enforces judgments by Turkish courts».
What are the binding rules of the turkey international arbitration law?
The parties should be given equal rights and powers in the arbitration proceedings;
The number of arbitrators must be odd;
If a party has received a provisional release from judicial protection before arbitration proceedings, the proceedings must be automatically started within 30 days, otherwise, the provisional release will be automatically lifted;
The decision must include the elements provided by law;
An action to set aside an arbitral award must be filed within 30 days.
What are arbitration agreements?
Arbitration agreements must be in writing and may be in the form of a written document signed by the Parties, a letter, telegram, fax, which the Parties exchange, or electronic media. The reference in the contract to a document containing an arbitration clause, constitutes an arbitration agreement, provided that the reference is such as to make the clause part of the contract.
Our lawyers provide legal services in all areas of Turkish law. We provide legal advice to clients, which live in Turkey and clients from other countries. Our lawyers defend the rights of their clients both in civil arbitration courts of local jurisdiction and in international arbitration courts.