THE TURKISH CONSTITUTIONAL COURT RULES ON CONTROVERSIAL OMNIBUS BILL PROVISIONS:

OUR CLIENT ALERT DATED SEPTEMBER 2014 ENTITLED “THE NEW OMNIBUS BILL ENTERED INTO FORCE” IDENTIFIED AND EXPLAINED THE PROVISIONS IMPLEMENTED BY THE NEW OMNIBUS BILL (“OMNIBUS BILL”).

THE HIGH COUNCIL OF THE APPEAL COURT SHUTS THE DOOR ON APPEALS AGAINST REJECTED INJUNCTION APPLICATIONS:

TURKISH LAW ALLOWS CLAIMANTS TO SEEK INJUNCTIONS OVER DEFENDANTS’ ASSETS BY WAY OF PRELIMINARY INJUNCTION ORDERS ISSUED AT PRE-LITIGATION STAGE IN ORDER TO OBTAIN SECURITY FOR THEIR CLAIMS.

COURT OF APPEAL CASTS DOUBT ON NEED FOR SPOUSAL CONSENT IN PERSONAL GUARANTEES:

WE PREVIOUSLY REPORTED IN OUR CLIENT ALERT OF FEBRUARY 2013 THAT THE NEW TURKISH CODE OF OBLIGATIONS (THE “TCO”), WHICH CAME INTO FORCE ON 1ST JULY, 2012 INTRODUCED MAJOR CHANGES TO FORM REQUIREMENTS IN RELATION TO PERSONAL GUARANTEES.

COURT OF APPEAL OPENS DOOR FOR CHEAPER COURT FEES ON ENFORCEMENT ACTIONS:

TURKEY, BEING PARTY TO THE NEW YORK CONVENTION OF 1958 AND HAVING BILATERAL AGREEMENTS OR RECIPROCITY WITH MANY COUNTRIES, IS A RELATIVELY CONVENIENT JURISDICTION TO ENFORCE FOREIGN ARBITRATION AWARDS OR COURT JUDGMENTS.