International Arbitration, Turkey Chapter, First Edition
Introduction International arbitration and domestic arbitration are subject to different legislation under Turkish law. The main legislation regulating international arbitration is the International Arbitration Law numbered 4686, which is essentially based on the UNCITRAL Model Law. The Civil Procedural Law numbered 6100 regulates domestic arbitration and it is not applicable to international arbitration, unless stated otherwise in International Arbitration Law. Turkey is a… »
Graft Probe Takes Interesting Turn
Introduction The graft probe of December 2013, which involved bribery and corruption allegations against four ministers of state and their family members (for further details please see “Government rocked by waves of corruption”) was concluded at the beginning of 2015 with the dismissal of charges and the release of suspects, despite significant criticism and concerns. However, its impact continues to dominate the news agenda in Turkey, especially as the investigations have… »
Istanbul – Rising Star of International Arbitration
The foundation of the Istanbul Arbitration Centre (IAC), under law no. 6570, which entered into force on 1 January 2015, will contribute to Turkey’s competiveness among the world’s established and popular arbitration centres while providing an impartial, convenient and specialised solution for both domestic and international disputes. To achieve this, Turkey has made significant progress in becoming more arbitration-friendly and making arbitration and ADR methods more… »
Originator Challenges Generic Drug and Ministry Price Reduction Decision
On October 12 2012 a global pharmaceutical company filed a patent infringement action and sought a precautionary injunction against a generic company on the grounds that the generic company had filed an abridged marketing authorisation application for the pharmaceutical which referred to the marketing authorisation dossier of the original product, one of the originator’s most profitable drugs in Turkey. The generic company was an affiliate of a major Turkish group. The patent… »
Appeal Court Rules on Status of Opposed European Patents in Turkey
The 11th Civil Chamber of the Court of Appeals recently issued a remarkable decision regarding European patents validated in Turkey – specifically, on the status of the validation of a European patent in Turkey where an opposition or appeal is pending before the European Patent Office (EPO). The Turkish Patent Institute (TPI) operates a pre-grant opposition system and permits no amendments to a patent after the grant decision. The TPI system conflicts with the EPO system… »
Nuclear Powers Up in Turkey
After decades of trying Turkey’s nuclear power programme is finally getting underway. As the country prepares for a new era of greater energy self-sufficiency, key legislation still needs to be put in place Turkey’s efforts to establish a nuclear energy programme dates back to the 1960s. However, it was not until May 2010 that the country took its most concrete step towards realising its nuclear ambitions, signing an agreement with Russia for the construction of its first… »