Usual perception of crimes and criminal law tend to focus on straightforward offenses that may not appear to significantly impact corporate or commercial life. Nevertheless, with the emergence of financial crimes or “white-collar crimes” as it is popularly referred to, businesses and the broader commercial landscape are increasingly affected.

In general terms, white-collar crimes can be defined as offenses committed within the scope of one’s profession by individuals who hold a high social status and reputable standing. It is stated that these crimes may lead to significant economic losses for companies and the corporate ecosystem. It should be emphasized that white collar crimes are not violent yet have the potential to significantly jeopardize the survival of a company and the livelihoods of its employees.

In this context, conventional offenses like fraud, corruption, intellectual property theft/piracy, and money laundering, alongside newer categories including those outlined in banking regulations and competition law, crimes linked to digital communication, as well as accounting and tax-related activities, are commonly grouped under the umbrella of white-collar crimes.

In the realm of comparative law, both state entities, such as legislators and law enforcement agencies, and private entities, like companies, implement supplementary measures to deter and combat white-collar crimes. This encompasses the introduction of new penal law provisions, specialized training for police task forces, and the implementation of in-company regulations, which have become widely adopted preventive measures.

It is also observed that, in parallel with the global development of white-collar crimes, this new class of crimes began to attract attention also in Turkey. Both judicial authorities, regulators, and companies are seen to be taking precautions in this regard.In this context, introducing reporting and compliance protocols along with the internal audit requirements, carrying out detailed background checks can be listed as some precautions introduced by the companies. In the regulatory end, it is possible to see that the regulatory bodies in Turkey include anti white-collar crimes measures and enhanced internal/external audit requirements for especially financial transactions.

Similar to law enforcement, the judicial handling of white-collar crimes demands a detailed and specialized approach. Given that these crimes are frequently committed with immense planning and in an organized manner, detecting and substantiating them necessitates a heightened level of expertise. Therefore, it would be advisable for companies conduct internal training initiatives and provide support to their teams by engaging external legal counsel and auditors.

In conclusion, the landscape of white-collar crimes is evolving, demanding a nuanced understanding of these non-violent yet potentially devastating offenses. As demonstrated, businesses and the broader commercial sphere are increasingly susceptible to the impacts of such crimes. It is imperative for companies to not only implement robust preventative measures, but also to collaborate with legal experts and auditors.

The growing recognition of white-collar crimes in Turkey parallels global trends, prompting regulatory bodies, judicial authorities, and companies to take proactive measures. Therefore, it would be advisable for companies carrying out business in Turkey to proactively introduce anti-fraud/anti-money laundering policies as well as seeking support from external legal counsel and auditors both before and after such crimes occur.

In light of these considerations, a proactive and collaborative approach between businesses, legal experts, and regulatory authorities is essential in effectively mitigating the impact of white-collar crimes on the corporate landscape. By doing so, companies can safeguard their operations, protect their employees, and contribute to a more robust and resilient commercial environment.

Att. Cansu YILDIRIM, Att. Mensur ÖGÜT

Introduction

Trademarks are signs consisting of all kinds of words, colors, numbers and shapes that are capable of distinguishing a good or service from other goods or services. The consumer forms his/her preferences for goods and services by trusting the experience of the trademark’s owner and the quality of the trademark, thanks to the distinctiveness of the trademark.

In Turkish law, trademarks are protected through Law No. 6769 on Industrial Property and the international agreements to which Turkey is a party. Typically, for a trademark to be protected, it needs to be registered in the Trademark Registry of the Turkish Patent and Trademark Office, covering the relevant goods and services. However, this registration only provides protection within the borders of Turkey, which can be insufficient for large-scale companies engaged in international business activities. This is where international agreements come into play to protect trademarks in countries outside of Turkey. The Madrid Protocol, in particular, serves this purpose by enabling international protection for trademarks.

Scope and Member Countries of the Madrid Protocol

The rights granted by trademark registration provide protection within the boundaries of the country where the registration is obtained. However, trademark owners may sometimes have the need to protect their trademarks in other countries as well. In this context, trademark owners have the option to use the national trademark registration system of the country they wish to protect their mark in or utilize certain international systems that offer protection.

One of the most significant international systems for providing trademark protection is the Madrid Protocol for the International Registration of Marks, to which Turkey became a party on January 1, 1999. The Madrid Protocol is an agreement that offers a framework for international trademark registration and is managed by the World Intellectual Property Organization (WIPO).

Under the Madrid Protocol, Turkish citizens, residents of Turkey, or individuals engaged in commercial or industrial activities in Turkey have the opportunity to protect their trademarks in 130 different countries[1] through an application made via the Turkish Patent and Trademark Office. 

One of the most significant advantages provided by trademark registration applications under the Protocol is the ability to file a trademark registration application in multiple countries simultaneously with a single application. When making a registration application, the Protocol system offers the trademark owner the choice of 130 countries that have signed the Protocol. Moreover, this application is made using a single language and involves a single fee payment. Details regarding the fees can be found later in our document. Additionally, other processes such as changes in address, nature, title, owner changes, appointment, and dismissal of representatives can also be easily conducted through the system.

Registration Process

To secure protection within the WIPO[2] trademark registry, it is first and foremost necessary to have a registered trademark in one of the countries that are parties to the Madrid Protocol. In other words, the trademark must be “registered in the country of origin.” Within this framework, a trademark registered in Turkey can be protected in countries that are parties to the Madrid Protocol through a WIPO application.

Similarly, if a trademark is registered in a country that is a party to the Madrid Protocol, protection within the borders of Turkey can be achieved by applying to WIPO. However, it is crucial to note that each individual member state in which protection is sought must be specified in the application, and the associated fees must be paid. In other words, when applying for protection in one country through WIPO, it does not automatically protect the trademark in all countries.

The determination of trademark classes is also crucial. For example, if a trademark is registered in classes 3, 4, and 5 in Turkey, it can be requested to be protected in the same classes in another country. However, it is not mandatory to request protection for all registered classes. Applications can be made for only a few of the registered classes. For instance, a trademark registered in classes 3, 4, and 5 can be requested to be protected only in class 3 or in classes 3 and 4 when applying to WIPO.

Applications to WIPO are made through the office of origin. For example, if you wish to protect a trademark in Italy which is already registered in Turkey, the application is submitted to the Turkish Patent and Trademark Office for transmission to WIPO. Therefore, the fee for notifying the international trademark application to WIPO under the Madrid Protocol should be paid to the Turkish Patent and Trademark Office, while the fee for the international registration application under the Madrid System should be paid directly to WIPO.

The application fees for registration at WIPO vary depending on factors such as the countries where protection is sought, the number of classes, and whether the trademark is in color or black and white. These fees are calculated in Swiss Francs (CHF). Additionally, fees may differ from one country to another. For instance, if an application is made at WIPO and protection is sought in Italy, a payment of 460 CHF per class is required.

Moreover, in the case of a colored trademark, an additional fee of 903 CHF is necessary. Therefore, before determining the exact cost, it is essential to ascertain the content of the trademark and identify the countries and classes in which protection is desired. WIPO’s calculation tool, available on their website, should be used as the primary reference for this purpose.

Conclusion

Taking into account the establishment of trademark protection as of the date of the trademark application, it is imperative from both a legal and commercial perspective to expeditiously secure the registration of your trademark, followed by the pursuit of international protection in alignment with your business strategy. Failure to do so may result in significant and irreparable legal consequences.

Av. Cansu YILDIRIM, Av. Mensur ÖGÜT

Giriş

Marka, bir malı veya hizmeti diğer mal veya hizmetlerden ayıran her türlü kelime, renk, sayı ve şekillerden oluşan ayırt edici işaretlerdir. Tüketici, marka sahibinin deneyimine ve markanın kalitesine güvenerek markanın ayırt ediciliği sayesinde mal ve hizmet tercihlerini oluşturur. 

Türk Hukukunda marka, taraf olduğumuz uluslararası sözleşmeler ve 6769 sayılı Sınai Mülkiyet Kanunu sayesinde korunmaktadır. Markanın korunabilmesi için kural olarak ilgili mal ve hizmetleri kapsayacak şekilde Türk Marka ve Patent Kurumu nezdinde tutulan Marka Siciline tescil edilmesi gerekmektedir. Fakat bu tescil yalnızca Türkiye sınırları dahilinde koruma sağlayacağı için özellikle uluslararası ticari faaliyetler yürüten büyük ölçekli şirketlerin markalarının korunması için yetersiz kalmaktadır. Bu noktada, Türkiye dışındaki ülkelerde de markanın korunması için uluslararası sözleşmeler devreye girmektir. Madrid Protokolü de tam olarak bu görevi üstlenmektedir. 

Madrid Protokolü Kapsamı ve Taraf Ülkeler

Marka tescilinin marka sahibine sağladığı haklar, tescilin yapıldığı ülke sınırları içerisinde bir koruma sağlamaktadır. Ancak marka sahibi zaman zaman markasını diğer ülkelerde de koruma altına almak ihtiyacı duyabilir. Bu kapsamda marka sahibi koruma istediği ülkenin kendi ulusal marka tescil sistemini kullanabileceği gibi uluslararası koruma sağlayan belli başlı sistemleri de kullanabilmektedir.

Uluslararası koruma sağlayan tescil sistemlerinden en önemlisi ise Türkiye’nin de  1 Ocak 1999 tarihinde taraf olduğu Markaların Uluslararası Tesciline İlişkin Madrid Protokolü’dür. Madrid Protokolü, uluslararası marka tescili için bir çerçeve sunan bir anlaşmadır ve Dünya Fikri Mülkiyet Örgütü (WIPO) nezdinde yönetilmektedir.

Madrid Protokolü çerçevesinde Türk vatandaşları, Türkiye’de ikamet edenler veya Türkiye’de ticari veya sınai bir faaliyette bulunanlar, Türk Patent ve Marka Kurumu aracılığıyla yapacakları başvuru ile markalarını 130 farklı ülkede koruma imkanına sahip olmaktadır.  

Protokol çerçevesinde yapılan tescil başvurularının marka sahibine sağladığı en büyük avantaj ise tek bir başvuru ile birçok ülkede aynı anda marka tescil başvurusunun yapılabilmesidir. Tescil başvurusu yapılırken sistem Protokolü imzalamış 130 ülke için marka sahibine seçim imkanı sağlamaktadır. Üstelik bu başvuru tek bir dil kullanılarak ve tek bir ücret ödenerek yapılmaktadır. Ücretlere ilişkin detayları yazımızın devamında bulabilirsiniz. Ayrıca adres, nev’i, unvan, sahip değişikliği, vekil atama ve azletme gibi diğer işlemler de yine oldukça basit bir şekilde sistem üzerinden yapılabilmektedir.  

Tescil Süreci

WIPO nezdinde tutulan sicil kapsamında koruma sağlaması için her şeyden önce Madrid Protokolüne taraf ülkelerden birinde tescilli bir markanın bulunması gerekir. Başka bir ifadeyle “markanın menşe ülkede tescilli olması” gerekmektedir. Bu kapsamda, Türkiye’de tescilli bir markanın WIPO başvurusu ile Madrid Protokolü’ne taraf ülkelerde korunması sağlanabilir.

Benzer şekilde, Madrid Protokolü’ne taraf bir ülkede tescilli bir markanın olması halinde, WIPO’ya başvuru yapılarak Türkiye sınırlarında koruma sağlanması da mümkündür.  Bununla birlikte, başvuruda korunma talep edilen her bir taraf devletin ayrı ayrı belirtilmesi ve ücretlerin ödenmesi gerekir. Başka bir ifade ile, WIPO’ya bir ülke kapsamında koruma için başvurulduğunda tüm ülkeler nezdinde marka korunur hale gelmez.

Sınıfların belirlenmesi de önem arz etmektedir. Örneğin Türkiye’de 3., 4., 5. sınıfta tescilli bir markanın, başka taraf ülkede yine bu sınıflarda korunması talep edilebilir. Fakat tescil edilmiş tüm sınıflar için koruma talep edilmesi zorunlu değildir. Tescil edilen sınıflardan birkaçı için de başvuru yapılabilir. Örneğin 3., 4. ve 5. sınıflarda tescilli bir markanının WIPO nezdinde sadece 3. sınıfta korunması veya 3. ve 4. sınıfta korunması da talep edilebilir.

WIPO’ya başvuru menşe ofis vasıtasıyla yapılır. Örneğin, Türkiye’de tescilli bir markanın İtalya’da korunması için başvuru WIPO’ya iletilmek üzere Türk Marka ve Patent Kurumu’na yapılır.  Bu nedenle Kurum’a Madrid Protokolü uyarınca uluslararası marka başvurusunun WIPO’ya bildirilmesi ücreti, WIPO’ya ise Madrid Sistemi kapsamında uluslararası tescil başvurusu ücreti ödenmelidir.

WIPO nezdinde tescil başvuru ücretleri hangi ülkede/ülkelerde koruma talep edildiği, sınıf sayısı ve markanın renkli, siyah-beyaz oluşu gibi nedenlerle değişmektedir. Ücretler CHF (İsviçre Frangı) cinsinden hesaplanmaktadır. Ayrıca ücretler ülkeden ülkeye değişmektedir.

Örneğin WIPO nezdinde başvuru yapılıp İtalya’da koruma talep edilirse sınıf başına 460 CHF ödeme yapılması gerekmektedir. Ayrıca, markanın renkli olması halinde 903 CHF ek ödeme yapılması gerekmektedir. Bu kapsamda net bir ücret belirlemeden önce markanın içeriğinin tespiti, hangi ülkelerde ve hangi sınıflarda korunma istendiğinin tespit edilmesi gerekmektedir. Bu konuda temel kaynak olarak WIPO’nun sitesinde yer alan hesaplama aracı esas alınmalıdır.

Sonuç 

Markanın korunmasının tescil başvurusunun yapıldığı tarih itibariyle sağlandığı göz önünde bulundurularak, kullanmakta olduğunuz markanın geciktirilmeden tescil edilmesi ve akabinde iş planınıza göre uluslararası koruma talep edilmesi hukuki ve ticari açıdan menfaatlerinizin korunması açısından büyük önem arz etmektedir. Aksi halde ciddi ve geri dönülemez hak kayıplarının yaşanması muhtemeldir. 

GENERAL OVERVIEW ON OBTAINING TURKISH CITIZENSHIP THROUGH INVESTMENT

Under the Turkish Citizenship Law (Numbered 5901), Turkish citizenship can be obtained either by birth or later through various means. Obtaining Turkish citizenship through investment is one of these exceptional methods.

 According to Article 12 of the Turkish Citizenship Law, individuals listed below may obtain Turkish citizenship by Presidential decree, provided that they do not pose a threat to national security and public order:

• Individuals who have brought industrial facilities to Turkey or have provided or are expected to provide exceptional service in the fields of science, technology, economics, social affairs, sports, culture, or the arts.
• Foreigners who have obtained short-term residence permits under Article 31/1(J) of the Law on Foreigners and International Protection.
• Holders of the Turquoise Card (Turkuaz Kart) and their foreign spouse, as well as their dependent foreign children who are not of legal age.

In this information note, we will focus on how foreigners who have invested in Turkey by obtaining short-term residence permits under Article 31/1(j) of the Law on Foreigners and International Protection may obtain Turkish citizenship and the conditions for doing so.

In this context, foreigners who do not work in Turkey but are willing to make investments in an amount and scope determined by the President, along with their foreign spouse and their non-adult or dependent children, will be eligible to apply for Turkish citizenship under Article 31/1(j) of the Law on Foreigners and International Protection. It should be emphasized that, in accordance with the principle of state sovereignty, the approval of the application is ultimately subject to the discretion of the President, even if all the conditions are met.

The amount and scope of the investment to be made by a foreigner within the scope of Article 31/1(j) of the Law on Foreigners and International Protection, are regulated in Article 20 of Regulation on the Implementation of the Turkish Citizenship Law by the Presidential Decree. According to Article 20:

“A foreigner who meets any of the following conditions may acquire Turkish citizenship by a Presidential decree within the scope of Article 12, paragraph (b) of the Law:

a) Having made a fixed capital investment in the amount of at least 500,000 USD or its equivalent in foreign currency, as determined by the Ministry of Industry and Technology.

b) Having purchased immovable property worth at least 400,000 USD or its equivalent in foreign currency, with the condition that a no-sale clause is imposed on the title deed records for three years, or having acquired real estate through establishing a condominium or easement, with at least 400,000 USD or its equivalent in foreign currency paid upfront, and with a commitment on the notarized contract that the property will not be transferred or abandoned for three years, as determined by the Ministry of Environment, Urbanization, and Climate Change.

c) Having created employment for at least 50 people, as determined by the Ministry of Labor and Social Security.

ç) Having deposited at least 500,000 USD or its equivalent in foreign currency in banks operating in Turkey, with the condition of maintaining the deposit for three years, as determined by the Banking Regulation and Supervision Agency.

d) Having purchased government debt instruments worth at least 500,000 USD or its equivalent in foreign currency, with the condition of holding them for three years, as determined by the Ministry of Treasury and Finance.

e) Having purchased real estate investment trust shares or venture capital investment trust shares worth at least 500,000 USD or its equivalent in foreign currency, with the condition of holding them for at least three years, as determined by the Capital Markets Board.

f) Having deposited at least 500,000 USD or its equivalent in foreign currency as a contribution, in funds determined by the Insurance and Private Pension Regulation and Supervision Authority, to the individual retirement system with the condition of keeping the contribution and remaining in the system for three years, as determined by the Insurance and Private Pension Regulation and Supervision Authority.”

PROCEDURE AND RELATED DOCUMENTS

First and foremost, it should be noted that the processes for obtaining Turkish citizenship through investment may vary depending on the type and amount of investment made. In this context, we will focus on the 3 common steps that apply to every type of investment for obtaining Turkish citizenship. Below you may review the procedures, principles, and necessary documents in detail for the three-stage process to be followed:

Eligibility Certificate

After fulfillment of at least one of the investment conditions specified in Article 20 of the relevant regulation, you must apply for an Eligibility Certificate from the relevant institution. The application procedure for the Eligibility Certificate varies depending on the type of investment to be made under Article 20 and, consequently, the institution to which the application will be submitted. For example, if an application for Turkish citizenship through Real Estate Investment is to be made, the following conditions must be met to obtain the Eligibility Certificate:

1. The value of the property to be acquired must be at least 400,000 USD, and this should be proven with a real estate appraisal report (obtained no more than 3 months prior to the application date).
2. A Foreign Exchange Purchase Certificate must be issued by a resident bank in Turkey for the corresponding amount of the property’s value.
3. At the time of the sale transaction at the Land Registry Directorate, an annotation must be made on the title deed indicating that the property is acquired for the purpose of obtaining Turkish citizenship and cannot be sold to another party for a period of 3 years.
4. The payment for the property must be made through a bank, and a receipt or a blocked check related to this payment must be obtained.
5. Four biometric photographs must be taken along with a valid passport and its notarized Turkish translation.

Short- Term Residence Permit

Before applying for Turkish Citizenship, obtaining a Short-Term Residence Permit in accordance with Article 31/1(j) of the Law on Foreigners and International Protection is obligatory. Short-term residence permit application must be done to the Provincial Directorate of Immigration Administration where the investor plans to reside. In general, it is not possible for a foreigner to apply for a residence permit without being in Turkey. However, with a power of attorney, a lawyer can apply for residence permit in the scope of Article 31/1(j) of the Law on Foreigners and International Protection on behalf of the investor. The documents required for a short-term residence permit application are as follows:

1. Eligibility Certificate
2. Notarized translation of the Investor’s passport
3. Signed VAT-4 Form 
4. Health Insurance Policy ( it must cover the term of residency)
5. Biometric Photo
6. Copy of Birth Certificate (with Appostile and notarized translation)
7. Photocopy of visa (if only If the investor is in Turkey)
8. Receipts that proving the fees and taxes have been paid
9. Power of Attorney (if any)

It should be stated that a short-term residence permit is a right granted only to the investor. If they do not intend to stay in Turkey, no right is granted to the investor’s family in this context. 

Additionally, the residence permit application can be made online at e-ikamet.gov.tr only if the applicant is in Turkey. In this case, the required documents are delivered to the Provincial Directorate of Immigration Administration on the appointment day. 

Finally, the Provincial Directorate of Immigration Administration may ask the investor to provide fingerprints for the residence permit application.

Turkish Citizenship Application

After obtaining an eligibility certificate and a short-term residence permit, the next stage would be submission of the Turkish citizenship application through investment. The file must contain the required documents to submit to the Provincial Directorate of Census and Citizenship. In Istanbul and Ankara the immigration administration and citizenship administration affairs are managed at the same office. Other than these cities, the Provincial Directorate of Census and Citizenship is authorized to receive the file of applications. The application file must include documents as below:

1. Copy of Residence Permit Card
2. Eligibility Certificate
3. Signed VAT-4 Form
4. Birth Certificates of the Investor and his/her family members
5. Marriage Certificate, Divorce Decree, Single Status Affidavit (obtained no more than 6 months prior to the application date)
6. Notarized translation of passports of the Investor and his/her family members
7. Biometric photos of the investor and his/her family members
8. Receipt that proving application fees and other fees have been paid
9. Power of Attorney

After the completion of all stages, a commission formed by the relevant Ministries evaluates the citizenship applications of foreigners and submits them for the approval of the President. The decision to grant citizenship is at the discretion of the President.

It is imperative to prepare a multitude of information and documents meticulously for the Eligibility Certificate, short-term residence permit, and citizenship applications. In case of missing documents in the applications, your application may be rejected or it may take time to complete the missing requirements. It is essential to work with a specialized attorney in this field to understand what information and documents are required for citizenship application and for the proper management of this process.

Att. Gökberk TEKİN, LL.M., FCIArb

Introduction

Arbitration has emerged as one of the most efficient and popular alternative dispute resolution methods and simply offers to the parties the chance to resolve their differences in accordance with the law, procedures, and by “judges” they selected.[1] It is important to emphasize herein that the “selection/appointment arbitrators” are often considered as one of the most important points of the arbitration process.[2]

However, in recent years,[3] being an important part of these “foundations”, party-appointment system has been heavily criticized. In this context, the criticisms in this regard, include subjects as diversity problems, repeated appointments[4], problems in multi-party cases,[5] etc.

Having noted these points, in this paper, the party appointment system will be critically evaluated from the aspect of “independence and impartiality”. In other words, it will be critically evaluated whether “the party-appointment system” causes bias for arbitrators towards the appointing party, as it is suggested by some authors and critics.[6]

Appointment of Arbitrators

In this context, as for the appointment of arbitrators, it is possible to encounter different appointment procedures in different systems[7]. However, it is possible to note that except for the cases in which a sole-arbitrator is appointed, the parties typically appoint at least one arbitrator[8] which is indeed often considered as one of the most important decisions in the arbitration process.

As for the arbitration proceedings in Turkey, the Law Nr. 4686 on International Arbitration should be referred to first which regulates the international arbitration in Turkey. Article 7/3 of the said law regulates that unless otherwise agreed by the parties, in international arbitration proceedings seated in Türkiye “In an arbitration case with three arbitrators, each party shall appoint one arbitrator and the two arbitrators thus appointed shall appoint the third arbitrator. (…)” Therefore it can be said that the arbitration legislation in Turkey complies with the global trends.

Similarly, the rules of arbitral institutions in Turkey adopt a parallel approach. For instance, the Istanbul Arbitration Centre (ISTAC) outlines in Article 14/2 of its rules that, “In cases where the dispute shall be resolved by an Arbitral Tribunal, each of the parties shall choose one arbitrator in the Request for Arbitration and the Answer to Request for Arbitration respectively.”

Istanbul Chamber of Commerce Arbitration and Mediation Center (ITOTAM) also takes a similar approach in its rules regulating that “If the dispute is to be referred to three arbitrators, each party shall nominate in the Request and the Answer, respectively, one arbitrator for confirmation.”

Independence/Impartiality of the Arbitrators

It is a well-established principle and crystallized in many regulations/rules that the arbitrators, regardless of the appointment, shall be independent and impartial.[9] Herein it should also be stated that being appointed by one of the parties does not relieve the arbitrator from independent and impartial.[10] Regarding this issue, in the “Alejandro Valverde Belmonte v. Comitato Olimpico Nazionale Italiano (INOC) and others” decision the Swiss Federal Court has successfully emphasized the following points:

“Yet the so-called system of the party-arbitrator must be ruled out, in which the party-appointed arbitrator would not be subject to the same requirement of independence and impartiality as the chairman of the arbitral tribunal. The idea that the arbitrator may merely be the advocate of “his” party within the arbitral tribunal must be categorically rejected, failing which the very institution of arbitration would be jeopardized.”[11]

Herein it should also be noted that the “bias” referred in this paper should also not be perceived as the closeness to the case of the appointing party. Since as asserted by Hunter and Paulsson “the parties will wish to choose persons who are in a very general sense likely (in their view) to be sympathetic to their respective cases (…) This is obvious, and it is perfectly proper.”[12] Therefore, the bias referred to in this paper should be understood as any inclination stemming from the “appointment” itself..

The “Dilemma” and the Analysis

Having noted some fundamental points, the problem and relevant arguments should be presented. First of all, analysis of the question which is referred to in this paper poses important hardships because the discussions of the arbitral tribunals and in most cases the whole decision-making process is confidential.[13] However public documents issued especially during investment arbitration cases and experimental researches may still be benefitted.

First of all, the important experimental studies proving the attitude of party-appointed arbitrators should be emphasized. For example, the analysis carried out by Sergio Puig and Anton Strezhnev shows that the arbitrators given the knowledge of the appointing party are inclined to make decisions in favor of the appointing party, in the scenario provided to them for deciding on costs.[14]

In addition to that technical analysis of the dissenting opinions may also provide an opinion regarding the issue. In this sense, Jan Paulsson notes that the vast majority of the dissenting opinions, if not all, are written by the arbitrator appointed by the losing party.[15]

Therefore, given the above-presented information, one may conclude that the arbitrators are –at least- inclined to make decisions in favour of the appointing party.

On the other hand, it is also asserted widely that changing the party appointment system as a solution to this problem would radically impact the “international arbitration”[16] and result in deprivation of the parties from one of the most fundamental opportunities in the process. This would seriously impair the raison d’etre of the arbitration.[17]

Moreover, it has also been asserted and discussed that the party-appointment system is the reason for the majority of the parties to recourse to the arbitration.[18]

Proposals in Lieu of Conclusion

In the face of information provided so far, one may conclude that the party-appointed arbitrators may (at least) show bias towards the appointing party. Even more, the empirical studies show that the bias may increase as the appointments of the same party increases.[19] Being noted this point; this paper is far from asserting that the party-appointed arbitrators act “biased” on purpose. On the contrary, the referred implicit bias may operate as a result of non-cognitive processes.[20]

Moreover, as presented above, although there is enough evidence to believe that party-appointed arbitrators “may be” biased towards the appointing party, moving away from the party-appointment altogether would seriously impair the process and such a solution is not realistic at least for the short term.[21]

However, the problem referred to in this paper and solutions should not be held as a dichotomy.[22] In other words, it is still possible to list some proposals to avoid the bias of the arbitrators while keeping the fundamental “party-appointment system” as an integral part of the process.

Having noted this, precautions such as prevention of repeated appointments, enlarging the pool of arbitration[23], different procedures like “list system”[24] blind appointment”[25], establishmentof more procedural safeguards[26] may serve us in avoiding the dangers of the “bias” posed by the party-appointment system while keeping this fundamental feature as a part of the system.

BIBLIOGRAPHY

Abdel Wahab M, ‘The Arbitral Tribunal: Independence And Impartiality’ (Lecture in CIArb Diploma in International Arbitration, 2020)

Blackaby N and others, Redfern & Hunter On International Arbitration (6th edn, 2015)

Branson D, ‘Sympathetic Party-Appointed Arbitrators: Sophisticated Strangers And Governments Demand Them’ (2010) 25 ICSID Review

Giorgetti C, ‘Who Decides Who Decides In International Investment Arbitration?’ (2014) 35 University of Pennsylvania Journal of International Law

Hunter M and Paulsson J, ‘A Code of Ethics for Arbitrators in International Commercial Arbitration?’ (1985), 13 Int. Bus. Law.

Muntañola A, ‘Party-Appointed Arbitrators In International Commercial Arbitration’ (PhD Thesis, Queen Mary University 2013)

Shany Y, ‘Squaring The Circle? Independence and Impartiality of Party-Appointed Adjudicators ın International Legal Proceedings’ (2008) 30 SSRN Electronic Journal

Paulsson J, ‘Moral Hazard In International Dispute Resolution’ (2010) 25 ICSID Review

Puig S, and Strezhnev A, ‘Affiliation Bias In Arbitration: An Experimental Approach’ (2016) 46 SSRN Electronic Journal

Redfern A, ‘The 2003 Freshfields – Lecture Dissenting Opinions In International Commercial Arbitration: The Good, The Bad And The Ugly’ (2004) 20 Arbitration International

Waibel M, and Wu Y, ‘Are Arbitrators Political?’ [2012] SSRN Electronic Journal

CASES

Alejandro Valverde Belmonte v Comitato Olimpico Nazionale Italiano (INOC) and others [2010] Swiss Federal Tribunal First Civil Law Court, 4A_234/2010 (Swiss Federal Tribunal First Civil Law Court)

LEGISLATION AND RULES

UNCITRAL Model Law on International Commercial Arbitration 1985

UNCITRAL Arbitration Rules 2013

[1] Nigel Blackaby and others, Redfern & Hunter On International Arbitration (6th edn, 2015), p. 355.

[2] Chiara Giorgetti, ‘Who Decides Who Decides In International Investment Arbitration?’ (2014) 35 University of Pennsylvania Journal of International Law, p. 440.

[3] Although the discussions have increased, the issue in question has a long history. See: Tom Arnold, “The Unacceptable Common Partiality of ‘Neutral’ Party Appointed Arbitrators”, in The Commercial Way to Justice – The 1996 International Conference of the Chartered Institute of Arbitrators, Kluwer Law International, 1997, pp. 162, and 152. cited in Alfonso Gómez-Acebo Muntañola, ‘Party-Appointed Arbitrators In International Commercial Arbitration’ (PhD Thesis, Queen Mary University 2013), p.88.

[4] Giorgetti (n 2) p. 454.

[5] Muntañola (n 3) p.73.

[6] Sergio Puig and Anton Strezhnev, ‘Affiliation Bias In Arbitration: An Experimental Approach’ (2016) 46 SSRN Electronic Journal, p.372.

[7] Blackaby and others (n 1) p. 240.

[8] Giorgetti (n 2) p. 442.

UN Model Law 11/3-a reads that “(…) in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator (…) see: ”UNCITRAL Model Law on International Commercial Arbitration 1985.

UNCITRAL Arbitration Rules art.9/1 reads that “(…) If three arbitrators are to be appointed, each party shall appoint one arbitrator. (…)” see UNCITRAL Arbitration Rules 2013.

[9] UNCITRAL Model Law on International Commercial Arbitration 1985, art.11/5.

UNCITRAL Arbitration Rules 2013, art.11-12.

[10] Yuval Shany, ‘Squaring The Circle? Independence And Impartiality Of Party-Appointed Adjudicators In International Legal Proceedings’ (2008) 30 SSRN Electronic Journal, p. 483.

[11] Alejandro Valverde Belmonte v Comitato Olimpico Nazionale Italiano (INOC) and others [2010] Swiss Federal Tribunal First Civil Law Court, 4A_234/2010, 3.3.1.

[12] Martin Hunter and Jan Paulsson, ‘A Code of Ethics for Arbitrators in International Commercial Arbitration?’ (1985) 13 Int. Bus. Law., p. 153 cited in Muntañola (n 3).

[13] D. Branson, ‘Sympathetic Party-Appointed Arbitrators: Sophisticated Strangers and Governments Demand Them’ (2010) 25 ICSID Review.

[14] Puig and Strezhnev (n 6) 373.

[15] J. Paulsson, ‘Moral Hazard in International Dispute Resolution’ (2010) 25 ICSID Review, p. 348.

[16] Giorgetti (n 2) p.536,537.

[17] Shany (n 10) 480.

[18] Giorgetti (n 2) p. 443

[19] Michael Waibel and Yanhui Wu, ‘Are Arbitrators Political?’ [2012] SSRN Electronic Journal, p.36.

[20] Puig and Strezhnev (n 6) 375.

[21] J. Paulsson, ‘Moral Hazard in International Dispute Resolution’ (2010) 25 ICSID Review, p.349.

[22] Giorgetti (n 2)p. 437.

[23] Giorgetti (n 2) p. 480.

[24] List system refers to the procedure in which “each party compiles a list of three or four persons considered to be acceptable arbitrators, (…). The lists are then exchanged in an attempt to reach an agreement.” See Blackaby and others (n 1) p. 241.

[25] Blind appointment procedure refers to the procedure in which the arbitrators are not provided the information regarding which party appointed them. See Puig and Strezhnev (n 6) 373.

[26] Giorgetti (n 2) p. 474.

Introduction

On 6th of February, 2023, Türkiye was struck by two significant earthquakes that have impacted eleven provinces in the region, including Kahramanmaraş, Hatay, Adıyaman, Osmaniye, Gaziantep, Şanlıurfa, Malatya, Diyarbakır, Adana, Kilis, and Elazığ.

These events resulted in a tragic loss of 50.096 lives, and 227.027 structures were severely affected. Other than the loss of lives and housing, the earthquake has also had a tremendous impact on economic activities within the region, caused by infrastructure destruction, production halt, and supply chain disruptions. As a result, many businesses still face challenges in fulfilling their contractual obligations within the agreed timeframes.

This inevitably leads to disputes between parties located in different jurisdictions where the dispute resolution clauses predominantly provide for international arbitration, in which “an event of force majeure” will necessarily be invoked.

In this information note, we will explore the legal implications of force majeure clauses in international contracts where one of the parties is a Turkish business who is unable to perform the contract due to the impact of Türkiye earthquakes.

Existence of a force majeure clause in the contract

To begin with, there is no doubt that an earthquake is a natural disaster that falls within the category of an event of force majeure, as they are unforeseeable events beyond anybody’s control that can cause widespread and severe disruptions to various activities.

Still, the presence and wording of a force majeure clause in the contract will play a crucial role. If a force majeure clause exists in the contract and encompasses earthquakes, the affected party could assert a force majeure claim, which might allow this Party to be temporarily relieved from performance obligations or enable the termination of the contract without facing penalties or damages, depending on the extent and duration of the event of force majeure.

Non-existence of a force majeure clause in the contract

If, however, there is no force majeure clause or earthquakes are not explicitly mentioned, whether the affected party can successfully invoke force majeure depends additionally on the governing law of the contract and the seat of arbitration. In many jurisdictions and industries, earthquakes are explicitly recognized as force majeure events, either through specific contractual language or legal principles. Thus, even in the absence of explicit mention, courts and arbitration tribunals may interpret earthquakes as force majeure events based on their impact, severity, and their classification as events beyond a party’s control.

In particular, civil law jurisdictions including Türkiye, which are based on codes and statutes, allow for a broader interpretation of force majeure beyond what is explicitly listed in the contract. In these jurisdictions, legal principles and concepts of “impossibility” or “frustration of purpose” are considered to determine the applicability of force majeure events, including earthquakes. For instance, if a party’s business is completely destroyed to the extent that it becomes impossible for them to perform their obligations, the legal principle of contract frustration comes into play even in the absence of a force majeure clause.

Contract frustration occurs when an unforeseen event makes performance of the contract impossible or radically different from what was initially agreed upon. In such cases, the contract might be automatically terminated, and both parties are relieved from further performance.

In common law systems, such as those found in the United States, the United Kingdom, and Australia, courts often interpret force majeure clauses according to the intent of the parties and the context of the contract. This might involve considering industry norms, business practices, and legal precedents. If an event like an earthquake is commonly understood to be a force majeure event within a specific industry, a common law court or an arbitration tribunal that applies the laws of a common law country might imply it as such, even if not explicitly stated in the contract.

It must also be noted that, within the framework of applicable law, as well as local statutes and regulations, the provisions outlined in the United Nations Convention on Contracts for the International Sale of Goods (CISG) hold significance for international sale of goods contracts . This is particularly true due to the Convention’s ratification by 94 countries. It is not uncommon to observe the CISG’s application to sales contracts originating from these nations, especially within the context of arbitration proceedings.

For the purpose of this note, it’s worth noting that the CISG incorporates an inherent force majeure clause, potentially providing enhanced benefits to the affected party. More precisely, as per Article 79 of the CISG, the seller is relieved from the obligation to provide compensation if it can demonstrate that the obstacle was beyond its control and was not reasonably foreseeable at the moment the contract was established, like the earthquakes subject to this post.

In summary, It’s important to emphasize that the precise treatment of earthquakes as force majeure events can vary based on the governing law of the contract, industry norms, and the specific circumstances of each case. If a contract contains a force majeure clause, parties should carefully review the clause’s wording to ascertain whether earthquakes are explicitly listed as force majeure events. Even if earthquakes are not specifically listed but are recognized as such based on legal principles or industry customs, they may still be invoked as force majeure events in particular scenarios. If disagreements arise regarding force majeure, termination, or contract amendments, seeking legal advice from experts familiar with international contract law and the governing jurisdiction is advisable.

As it is widely acknowledged, arbitration has many advantages including being faster than state litigation proceedings, allowing the dispute to be resolved by experts, and providing confidentiality to the parties. In this sense, arbitration is deemed to be a preferable alternative dispute resolution method in Turkey. 

Where to find the regulations regarding arbitration in Turkish Law?

Other than substantial rules to be applied in commercial disputes, Turkey has also enacted legislation applicable to the procedural aspects of the arbitration proceedings. The procedural regulations are twofold: a special regime for domestic arbitration proceedings and a model-law based law for international arbitration cases. Turkey is also a party to the The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) the provisions of which are applied as law, in accordance with Article 90 of the Constitution of Turkish Republic.

The main laws regulating arbitration in Turkey are the Turkish Civil Procedure Code numbered 6100 and International Arbitration Law numbered 4686. As it is well known, the parties to an arbitration can determine the seat of arbitration and the applicable law to the arbitration proceedings in the arbitration agreement.

The Turkish Code of Civil Procedure applies in domestic arbitration proceedings, in the event that the seat of arbitration is chosen by the parties as Turkey, whereas the law to be applied to the legal procedure has not been specified in the relevant arbitration agreement. As for the International Arbitration Law numbered 4686, this law applies in cases where the arbitration has the nature of an “international arbitration”. It must however be noted that, even in arbitrations that are deemed international and thus subject to the International Arbitration Law numbered 4686, where there is no provision in this law, the Code of Civil Procedure also applies. 

The following explanations are for the cases in which the seat of arbitration is Turkey, where the parties have not chosen the law to be applied to the procedure of the arbitration proceeding.  

What type of disputes can be resolved by way of arbitration according to Turkish law?

Article 1 of the Law numbered 4686 regulates what types of international disputes can be resolved by way of arbitration in Turkey. Pursuant to the aforementioned article, all disputes are arbitrable in Turkey, except for disputes regarding rights in rem on immovable properties located in Turkey and those disputes that are not subject to the will of both parties, e.g. criminal law and family law disputes. 

That being the case, an important point to be emphasized here concerns disputes arising from public procurement processes. In this regard, although public procurement is within the scope of administrative law in Turkey and therefore is not subject to the wills of the parties, in Turkish law, public procurement contracts are subjected to private law provisions. Thus, it is acknowledged that disputes arising from such contracts can be resolved through arbitration.

Do Turkish courts interfere with arbitration proceedings?

Pursuant to Article 3 of the Law numbered 4686, Turkish courts can only intervene in accordance with the provisions of that law to disputes arising from international arbitration. Therefore, the intervention of domestic courts to international arbitration proceedings seated in Turkey is limited and their role is rather supportive. In this context, it can be stated that there is a “pro-arbitration tendency” in Turkey and in Turkish regulations regarding international arbitration.

How should an arbitration agreement be drafted in accordance with Turkish law?

According to International Arbitration Law numbered 4686, an Arbitration Agreement:

• may be concluded by way of an arbitration clause in the main contract or as a separate contract.
• must be made in writing. In order to fulfill this requirement, it is sufficient for the arbitration agreement to be in a written document signed by the parties, made by means of a letter, telegram, fax, telex, or transferred to the electronic environment by means of e-mail. 
• is valid if it is in accordance with the law chosen by the parties to be applied to the arbitration agreement, or if there is no such choice of law, the arbitration agreement is valid if it complies with Turkish law.
• is separate from the main contract. Therefore, no objection can be raised against the arbitration agreement by arguing that the main agreement is not valid.

How should the arbitrators’ selection be made according to Turkish law?

According to Article 7 of the Law numbered 4686, the parties to the dispute are free to determine the number of arbitrators, but an odd number of arbitrators must be chosen. If the number of arbitrators is not agreed upon by the parties, three arbitrators would be selected.

Further, unless otherwise agreed by the parties,

• only real persons can be selected as arbitrators,
• if a sole arbitrator is to be chosen and the parties cannot agree on the selection of the arbitrator, the arbitrator is selected by the Turkish Civil Court of First Instance upon the request of one of the parties,
• if three arbitrators are to be selected, each party chooses one arbitrator; and the two arbitrators selected in this way determine the third arbitrator. If one of the parties does not choose an arbitrator within thirty days from the receipt of the other party’s request in this matter, or if the two arbitrators chosen by the parties do not determine the third arbitrator within thirty days after their selection, the arbitrator is selected by the civil court of first instance upon the request of one of the parties. The third referee acts as the chairman of the arbitral tribunal.

 Can an interim injunction be requested in arbitration proceedings in Turkey?

According to Article 6 of International Arbitration Law, the parties may request an interim injunction from the Turkish courts, in order to secure their receivables before and during the arbitration proceedings. Also, unless otherwise agreed in the arbitration agreement, the parties may request from the arbitrator or the arbitral tribunal to grant an interim injunction. However, while the parties to the arbitration are bound by the arbitral tribunal’s decision to this effect, the arbitral tribunal does not have the powers to grant an interim injunction or a precautionary attachment decision that must be enforced by the enforcement bodies or fulfilled by other official authorities, or which binds third parties.

In what language is the arbitration proceeding conducted?

Pursuant to Article 10 of Law numbered 4686, arbitration proceedings may be conducted in Turkish or in the official language of one of the states recognized by the Republic of Turkey. The language or languages to be used in the proceedings are determined by the arbitrator or the arbitral tribunal unless agreed between the parties. Unless otherwise stipulated in the agreement of the parties or in the interim decision of the arbitrators on the subject, this language or languages shall be used in all written statements of the parties, in hearings, in the interim decisions of the arbitral tribunal, in the final decision and in written notifications.

The arbitrator or the arbitral tribunal may decide that the documents which the parties submit are to be presented together with their translation in the language or languages used in the arbitration proceedings.

Which arbitration centers are generally preferred in Turkey?

The main arbitration centers preferred for international arbitration processes in Turkey are Istanbul Arbitration Center (ISTAC), Istanbul Chamber of Commerce Arbitration and Mediation Center, and the Turkish Union of Chambers and Commodity Exchanges Court of Arbitration.

What must arbitral awards contain?

According to Article 14 of Law numbered 4686, the following must be contained in international arbitral awards issued in Turkey:

• Names and surnames, titles and addresses of the representatives and proxies of the parties,
• The legal reasons on which the decision is based, its justification, and the amount of compensation awarded in claims for compensation,
• The place of arbitration and the date of the decision,
• Names and surnames, signatures, and dissenting votes of the arbitrator or arbitral tribunal that has rendered the decision,
• That an action for annulment can be filed against the decision must be stated in the arbitral award. 

Is it possible to annul the arbitral awards in Turkish law?

Unlike court judgments, arbitral awards are not subject to appeal. According to Article 15 of Law numbered 4686, parties can only file a lawsuit for annulment of the arbitral awards. A finite number of grounds for annulment are listed in the law, as follows:

• Incapacity of one of the parties to the arbitration agreement,
• The invalidity of the arbitration agreement according to the law which the parties have chosen to govern the agreement, or Turkish law, if there is no such choice of law,
• Failure to comply with the procedure determined in the agreement of the parties or stipulated in the Law numbered 4686 with respect to the selection of the arbitrator or the arbitral tribunal,
• Failure to render the decision within the specified arbitration period,
• The decision of the arbitrator or arbitral tribunal being unlawfully authorized or unauthorized,
• The decision of the arbitrator or arbitral tribunal being on a matter other than the arbitration agreement or failing to decide on the entirety of the claims or exceeding of its authority,
• Arbitration proceedings are not conducted in accordance with the agreement of the parties in terms of the procedure or, in the absence of such agreement, in accordance with the provisions of the Law numbered 4686 and this having an effect on the merits of the decision,
• Failure to observe the principle of equality of the parties,
• Non-arbitrability of the dispute that is subject to the decision of the arbitral tribunal according to Turkish law.
• The arbitral award being contrary to the public policy of Turkey.

 An action for annulment can be filed within thirty days. This period starts to run from the date when the arbitral award or the correction, interpretation, or completion decision is notified to the parties. The filing of an action for annulment automatically suspends the execution of the arbitral award.

The parties may appeal against the decisions rendered regarding the rejection of the action for annulment of the arbitral award. 

How are arbitrator fees and legal fees determined in Turkey?

According to Article 16 of the Law numbered 4686, unless otherwise agreed by the parties, the fee of the arbitrators shall be agreed between the arbitrator or the arbitral tribunal and the parties, taking into account the amount of the claim, the nature of the dispute and the duration of the arbitration proceedings. The parties may also determine the fee of the arbitrator or arbitral tribunal by referring to internationally established rules or institutional arbitration rules. 

If an agreement cannot be reached between the parties and the arbitral tribunal on the determination of the fee, or if there is no provision in the arbitration agreement regarding the determination of the fee, or if the parties do not refer to the established international rules or institutional arbitration rules on this matter, the fee of the arbitrator or arbitral tribunal is determined according to the fee schedule annually prepared by the Ministry of Justice by way of taking the opinions of professional organizations in Turkey. 

The expenses of the arbitration proceedings are described in the decision of the arbitral tribunal. These expenses include the arbitrators’ fees, the travel expenses and other expenses of the arbitrators, the fees paid to the experts appointed by the arbitrator or the arbitral tribunal and the other persons whose assistance is sought, as well as the discovery expenses, the travel expenses of the witnesses to the extent approved by the arbitrator or the arbitral tribunal, and other expenses incurred by the arbitrator or the arbitral tribunal, the attorney’s fee awarded for the attorney of the winning party, the court fees for the applications to be made to the courts, and the notification expenses related to the arbitration proceedings.

The arbitrator or the arbitral tribunal may request the claimant to make an advance payment for the costs of the proceedings. If the advance is not paid within the time stipulated in the decision of the arbitrator or the arbitral tribunal, the arbitrator or the arbitral tribunal may suspend the proceedings. If the advance is paid within thirty days from the notification of the parties that the proceedings have been suspended, the proceedings will continue; otherwise, the arbitration proceedings will come to an end.

Unless the parties agree otherwise, according to Turkish law, litigation expenses are paid by the wrongful party. If both parties are partially right in the case, the court costs are shared equitably between the parties.

How are arbitral awards enforced in Turkey?

If the time required for filing an action for annulment has elapsed or the action for annulment has been rejected, the arbitration award will become final. In this case, the Turkish Civil Court of First Instance gives a document to the requesting party upon application, which states that the arbitral award is enforceable. Afterwards, the arbitral award may be enforced just like a court judgment.

Investment potential, business opportunities, legal processes and disputes in all three countries were discussed at the ‘Turkey, Italy and USA Trade, Investments and Arbitration Panel’ organized by the Italian Embassy, ​​Italian Chamber of Commerce and Industry Association and ILIDA International Law Investments and Development Association. .

Italy’s Ambassador to Ankara, His Excellency Giorgio Marrapodi, said, “Turkey’s position and importance is an indication that it will always have strong economic and political ties with the world,” while Livio Manzini, President of the Italian Chamber of Commerce and Industry, said, “If Turkey were an EU member state, Germany and “It would be the third largest economy in the region after Italy. This opportunity still exists,” he said.

The Italian Embassy, ​​Italian Chamber of Commerce and Industry Association and ILIDA International Law, Investments and Development Association brought together the most important names of the field with a panel with high added value, where investment and business opportunities in Turkey, Italy and the USA were discussed.

President of the Presidency Investment Office Ahmet Burak Dağlıoğlu, President of the Italian Chamber of Commerce and Industry Association Livio Manzini, President of the International Law Investments and Development Association of ILIDA Atty. Arzu Ongur, President of the Union of Turkish Bar Associations Erinç Sağkan, UNIDROIT President Maria Chiara Malaguti, lawyers registered with the New York and Rome bar associations shed light on the investment and dispute issues of the three countries from the Venice Palace in Istanbul.

“I believe in Turkey’s strategic power”
Italy’s Ambassador to Ankara, His Excellency Giorgio Marrapodi, used the following statements in his speech at the panel: “The strong relations between Italy and Turkey date back to the Ottoman Empire. These relations have increased gradually in the past centuries. The collaboration of Florentine and Ottoman bankers, Rome and Istanbul.” “I believe in Turkey’s strategic power and potential, its importance for Europe and the future of its close relations with Italy. Turkey has a high young population and is a country that invests heavily in education. In addition, Europe’s opening to the Middle East is still continuing. It is very important to build personal relationships and bridges that will last for centuries. Turkey’s position and importance is an indication that it will always have strong economic and political ties with the world. The importance of international trade and communication tools such as energy and telecommunications is increasing day by day. We must provide macroeconomic initiatives to our companies. Solving problems for investors We have to give effective tools to the death.”

“If Turkey was a member of the EU, it would be the third largest economy of the union”
Livio Manzini, President of the Italian Chamber of Commerce and Industry, emphasized that the bilateral trade volume between Turkey and Italy has increased to 23 billion dollars. Manzini said, “If Turkey were an EU member state, it would be the third largest economy of the union.” It corresponds to 36 percent of the investment. We need to look at the investment. Although the pandemic has damaged, the entry of foreign investment into Turkey has reached good points. Italy has reached the third place in foreign country investments in Turkey with nearly 5 billion industrial investments. First of all, the United States of America “Europe, including its states, wants to break away from China. Loyalty to China has reached alarming proportions and the desire for trade from nearby geographies has increased as supply chains have been damaged by the pandemic. The point we should focus on is the USA and the EU. Since this is a production base, we also bring it to other potential countries.” These include Africa, the Middle East, Iraq, Azerbaijan, etc. Turkey has become a major production point. Germany is currently the largest production center in Europe. Italy comes second. If Turkey were a member of the European Union, it would be the third country in this ranking. Its land, people and industrial infrastructure are suitable for this. As long as an environment is created where foreign investors can see their way.”

“We are on the way to become the center of the region in production and logistics”
President of the Presidency Investment Office Ahmet Burak Dağlıoğlu also said that the commercial relations between Italy and Turkey are in balance. Dağlıoğlu said, “Turkey’s long-term economic success and its involvement in the international supply chain are in question. Many sectors such as the industrial sector, the chemical sector, the food and beverage sector operate in sync with world trade. Amazon’s $100 million investment in Turkey “This is an example. This situation clearly shows that Turkey is moving towards becoming a power center in the region as a logistics and production point. Financial investors are also increasing. Start-up companies continue to attract investments from international giants and invest in Turkish technologies.” used the phrases.

“There are over 2,000 Italian companies in Turkey”
Among the speakers of the panel was Erinç Sağkan, President of the Union of Turkish Bar Associations. Sağkan said that the commercial relations between Turkey and Italy are also of great importance for the legal profession and continued as follows: “We follow with interest the strengthening and development of the commercial relations between Turkey and Italy. Italy is the second partner. When we consider the Mediterranean Region, it is the largest commercial partner. This close commercial partnership with Italy, with which we share the same sea, offers important opportunities in terms of the legal profession. There are over 2,000 Italian companies operating in Turkey. These investors need pre-investment consultancy We are aware of the fact that our colleagues will be consulted in many legal disputes that are likely to arise in our services and investment processes.Arbitration, which is one of the dispute resolution methods, provides opportunities for the settlement of disputes in a fair and fast manner, including international countries. moment an app.”

The decisive factors are transparency and fast resolution.
President of ILIDA International Law, Investments and Development Association, Atty. Arzu Ongur, on the other hand, emphasized that it is critical to resolve disputes in foreign investments quickly and transparently. Ongur said, “Turkey and Italy have significant trade investments and import-export balances. Italy is Turkey’s fourth largest trade partner worldwide. One of the most important issues is that these two countries have a very common cultural and political history throughout history. Arbitration is a very important institution. “It is one of the most important mechanisms that ensure fast, transparent and result-oriented resolution of disputes. Investors focus on two important issues. One is profitable and the other is safe investment. The only mechanism that can ensure safe investment is law and the rule of law.” used the phrases.

“WE SHOULD GIVE INVESTORS EFFECTIVE TOOLS”
Stating that the strong relations between Italy and Turkey date back to the Ottoman Empire, Marrapodi said, “These relations have increased in the past centuries. The collaboration of Florentine and Ottoman bankers, the centuries-long active trade of Rome and Istanbul still continues today. In addition, the importance of international trade and communication tools such as energy and telecommunications is increasing day by day. We must provide our companies with macroeconomic initiatives. “We must give investors effective tools to solve their problems,” he said.

“IF TURKEY WAS AN EU MEMBER, IT WAS THE THIRD BIGGEST ECONOMY OF THE UNION”
Livio Manzini, President of the Italian Chamber of Commerce and Industry, emphasized that the bilateral trade volume between Turkey and Italy has increased to 23 billion dollars. Manzini said, “If Turkey were an EU member state, it would be the third largest economy in the union,” Manzini said: “Bilateral trade with Turkey and Italy broke a record with 23 billion dollars. The trade volume with the European Union increased by 25 percent. It corresponds to 36 percent of Turkey’s total foreign trade. We also need to look at investment. Although the pandemic has damaged, the entry of foreign investment into Turkey has reached good points. Italy has reached the third rank in foreign country investments in Turkey with nearly 5 billion industrial investments. Europe, especially the United States, wants to break away from China. Devotion to China has reached alarming proportions, and trade demand from nearby geographies has increased as supply chains have been damaged by the pandemic. The point we should focus on is the USA and the EU. Since this is a production base, it is possible to go to other potential countries with it. These include Africa, the Middle East, Iraq, and Azerbaijan. Turkey has become a major production point. Currently, Europe’s largest production center is Germany. Italy comes second. If Turkey were a member of the European Union, it would be the third country in this ranking. Its land, people and industrial infrastructure are suitable for this. As long as an environment is created where foreign investors can see their way.”

“WE ARE PROGRESSING TO BE THE CENTER OF THE REGION IN PRODUCTION AND LOGISTICS”
President of the Presidency Investment Office Ahmet Burak Dağlıoğlu also said that the commercial relations between Italy and Turkey are in balance. Dağlıoğlu said, “Turkey’s long-term economic success and its involvement in the international supply chain are at stake. Many sectors such as the industrial sector, the chemical sector, the food and beverage sector operate in sync with world trade. Amazon’s $100 million investment in Turkey is an example of this. This clearly shows that Turkey is moving towards becoming a power center in the region as a logistics and production point. Financial investors are also on the rise. Start-up companies continue to attract investments from international giants and invest in Turkish technologies.”

“THERE ARE OVER 2,000 ITALIAN COMPANIES IN TURKEY”
Stating that the commercial relations between Turkey and Italy are also of great importance for the legal profession, President of the Union of Turkish Bar Associations Erinç Sağkan said, “We follow with interest the development of commercial relations between Turkey and Italy, getting stronger day by day. As we know, Italy is Turkey’s second largest partner among European Union countries. Considering the Mediterranean Region, it is the largest commercial partner. This close commercial partnership with Italy, with which we share the same sea, also offers important opportunities for the legal profession. There are over 2,000 Italian companies operating in Turkey. We are aware of the fact that our colleagues will be consulted in many legal disputes that may arise during the pre-investment consultancy services and investment processes of these investors. Arbitration, which is one of the dispute resolution methods, is an application that offers opportunities to resolve disputes in a just and fast manner, including international countries.

DETERMINANTS TRANSPARENCY AND QUICK SOLUTION
President of ILIDA International Law, Investments and Development Association, Atty. Arzu Ongur, on the other hand, emphasized that it is critical to resolve disputes in foreign investments quickly and transparently. Ongur said, “Turkey and Italy have significant commercial investments and import-export balances. Italy is Turkey’s fourth largest trading partner worldwide. One of the most important issues is that these two countries have had a lot of common cultural and political history throughout history. Arbitration is a very important business. It is one of the most important mechanisms that ensure fast, transparent and result-oriented resolution of disputes. Investors focus on two important issues. One is profitable and the other is safe investment. The only mechanism that can ensure safe investment is law and the rule of law,” he said.

Giorgio Marrapodi, the Italian Ambassador to Ankara, who spoke at the opening of the event, stated that the strong relations between Italy and Turkey extend to the Ottoman Empire and that these relations have increased gradually in the past centuries.

Pointing out that the Florentine and Ottoman bankers work together and the active trade of Rome and Istanbul, which lasted for centuries, still continues today, Marrapodi said, “I believe in Turkey’s strategic power, potential, its importance for Europe and the future of its close relations with Italy.”

Noting that Turkey is a country with a high young population and invests heavily in education, Marrapodi said, “Turkey is Europe’s gateway to the Middle East. Personal relationships and building bridges that will last for centuries are very important. Turkey’s position and importance are always with the world. It is an indication that they will have strong economic and political ties,” he said.

Marrapodi said, “The importance of international trade and communication tools such as energy and telecommunications is increasing day by day. We must provide macroeconomic initiatives to our companies. We must give investors effective tools to solve their problems.”

‘WE ARE PROGRESSING TOWARDS BECOME THE POWER CENTER OF THE REGION’
President of the Presidency Investment Office Ahmet Burak Dağlıoğlu also stated that the commercial relations between Italy and Turkey are in balance.

Noting that Turkey’s long-term economic success and involvement in the international supply chain are in question, Dağlıoğlu said, “Many sectors such as the industrial sector, the chemical sector, the food and beverage sector operate in sync with world trade. “This is an example of this investment. This clearly shows that Turkey is moving towards becoming a power center in the region as a logistics and production point,” he said.

Dağlıoğlu stated that financial investors are also increasing and said, “Startup companies continue to attract investments from international giants and invest in Turkish technologies.”

‘IF TURKEY WAS AN EU MEMBER, IT WOULD BE THE THIRD BIGGEST PRODUCTION CENTER OF THE UNION’
Head of the Italian Chamber of Commerce and Industry Association Livio Manzini, pointing out that the bilateral trade volume between Turkey and Italy has increased to the level of 23 billion dollars, “If Turkey were an EU member country, it would be the third largest production center of the union.” he said.

Stating that the bilateral trade between Turkey and Italy broke a record with 23 billion dollars, Manzini said, “The trade volume with the European Union increased by 25 percent. This corresponds to 36 percent of Turkey’s total foreign trade. We also need to look at investment. “No matter how much damage it has done, the entry of foreign investment into Turkey has reached good points. Italy has reached the third place in foreign country investments in Turkey with nearly 5 billion industrial investments,” he said.

Noting that Europe, especially the United States of America, wants to break away from China, Manzini said, “The commitment to China has reached alarming levels and the desire for trade from nearby geographies has increased as supply chains have been damaged by the pandemic. The point we need to focus on is the USA and the EU. This is a place. Since it is a production base, it is possible to go to other potential countries with it. These include Africa, the Middle East, Iraq, Azerbaijan. Turkey has become a major production point. Currently, Europe’s largest production center is Germany. Second is Italy. Turkey “If Turkey were a member of the European Union, it would be the third country in this ranking. Its soil, people and industrial infrastructure are suitable for this. As long as an environment where foreign investors can see their way,” he said.

‘THERE ARE OVER 2,000 ITALIAN COMPANIES IN TURKEY’
Erinç Sağkan, President of the Union of Turkish Bar Associations (TBB), stated that the commercial relations between Turkey and Italy are also of great importance in terms of the legal profession, and stated that they follow the development of commercial relations between Turkey and Italy with interest.

Sağkan said, “As we know, Italy is the second largest partner of Turkey among the European Union countries. When we consider it within the scope of the Mediterranean Region, it is the largest commercial partner. This close commercial partnership with Italy, with which we share the same sea, also offers important opportunities in terms of the legal profession.” said.

Noting that there are more than 2,000 Italian companies operating in Turkey, Sağkan continued: “We are aware that these investors will be consulted in many legal disputes that may arise during both pre-investment consultancy services and investment processes. Arbitration, which is one of the dispute resolution methods, is also available in international countries. It is an application that provides opportunities for the settlement of disputes, including in a fair and fast manner.

Arzu Ongur, President of ILIDA International Law, Investments and Development Association, emphasized that it is critical to resolve disputes in foreign investments quickly and transparently.

Noting that Turkey and Italy have significant trade investments and import-export balances, Ongur said: “Italy is Turkey’s fourth largest trade partner in the world. One of the most important issues is that these two countries have had a lot of common cultural and political values ​​throughout history. Arbitration is a very important institution. It is one of the most important mechanisms that ensure fast, transparent and result-oriented resolution of disputes. Investors focus on two important issues. One is profitable and the other is safe investment. The only mechanism that can ensure safe investment is law and the rule of law.”

Turkey is of Strategic Importance for Europe.’Turkey, Italy and the US Trade, Investments and Arbitration Panel discussed Turkey’s investment potential and opportunities.Italy’s Ankara Ambassador Giorgio Marrapodi, Florentine and Ottoman bankers working together and Rome and Istanbul’ Stating that the centuries-old active trade of Turkey still continues today, he said, “I believe in Turkey’s strategic power, its potential, its importance for Europe and the future of its close relations with Italy.” Speaking at the ‘Turkey, Italy and USA Trade, Investments and Arbitration Panel’, Marrapodi said, “Turkey is Europe’s gateway to the Middle East. Personal relationships and building bridges that will last for centuries are very important. Turkey’s position and importance are always strong with the world. It is an indication that they will have economic and political ties,” he said.

PRODUCTION CENTER
Livio Manzini, President of the Italian Chamber of Commerce and Industry Association, pointed out that the mutual trade volume between Turkey and Italy has increased to the level of 23 billion dollars and said, “Italy has reached the third place in foreign country investments in Turkey with nearly 5 billion industrial investments.” Manzini said, “Turkey has become a major production point. Currently, Germany is the largest production center in Europe. Italy comes second. If Turkey were an EU member, it would be the third country in this ranking.” President of the Presidency Investment Office Ahmet Burak Dağlıoğlu said: “Many sectors such as the industrial sector, the chemical sector, the food and beverage sector operate in sync with world trade. Amazon’s $100 million investment in Turkey is an example. This is Turkey. It clearly shows that Turkey is moving towards becoming a power center in the region as a logistics and production point,” he said.

Source : Akşam News