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Mandatory Mediation for Commercial Receivables

Mediation has become a must in commercial receivables actions and to this end some provisions of Turkish Commercial Code (“TCC”) and Code of Mediation in Civil Disputes have been amended within the scope of Code of Commencement of Execution Proceedings in Monetary Receivables Arising from Subscription Agreements (the “Code”) which became effective by being published in Official Gazette dated 19 December 2018 and numbered 30630. In this regard; By incorporating Article… »

Composition with Creditors

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It is no secret that the Turkish economy has been suffering from a few problems. As is usually the case for all economies under distress, various Turkish businesses have been in dire straits. The depreciation in Turkish lira and inflation, together with other factors, put a lot of pressure on the Turkish economy. Various companies in Turkey started to have problems in making their payments in due time. A number of these companies applied for the procedure of composition with… »

Obligation to Apply for and Obtain Marketing Authorization is Regulated for the Drugs Supplied from Abroad on a Named Patient Basis

The Omnibus Act Amending Some Laws and Decree-Laws related to Health (“the Act”) is published on the Official Gazette dated 5 December 2018 and numbered 30616. Article 1, 2, 3 and 4 of the Act amended the Law on Commercial Pharmaceutical Warehouses and Shops that Sell Poisonous Chemical Substances Used in Arts and Agriculture (“Law on Warehouses”) numbered 984, Article 8 of the Act amended the Pharmaceuticals and Medical Preparations Law numbered 1262 and Article numbered 31… »

What Can Big Data Offer to Insurers and Insureds?

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Insurance market has been heavily relying on its conventional tools of risk assessment. This is now under the transformative and disruptive impact of technology. In particular, big data -i.e. large volumes of data sets that are hard to process using traditional data processing methods (“Big Data”) – are claimed to have the potential to replace the conventional tools of risk assessment by their more efficacious equivalents. The provisions of insurance under Turkish Commercial… »

Document Production in International Arbitration: The Good or the Evil?

Updates -

Document production is one of the most important and controversial topics in international arbitration. Some practitioners consider the document production as “an essential element of justice”, whereas some others consider it as “a waste of time and money”. So, where does the truth lie? Does Common Law Provide Better Justice than Civil Law or Vice Versa? In common law countries, the rationale for discovery suggests that justice can only be established if both sides have… »

Legitimate Interest in Turkish DPL Compared with GDPR and Directive

Updates -

Legitimate interest has been the subject of various interesting discussions in the European data protection practice. As the Turkish Data Protection Law is modeled on Directive 95/46/EC and also includes some concepts from the GDPR, legitimate interest became an important topic also in the Turkish data protection practice. Although the wording of legitimate interest as a lawful basis under the DPL is similar to the directive and the GDPR, there are important differences. The… »

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