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    Lawyers Asena Aytuğ Keser

    Asena Aytuğ Keser

    Gün + Partners
    [email protected]

    Asena Aytuğ Keser has been with Gün + Partners since 2011 and is a managing associate. Her practice focuses on dispute management; business crime and anti-corruption; employment; insurance and reinsurance; administrative, tax and regulatory, and construction and real estate.

    Asena advises and represents both national and international clients in various commercial and corporate disputes before courts and arbitral tribunals, including high-profile compensation cases, M&A and shareholders disputes, real estate and construction disputes and enforcement of foreign court judgments and arbitral awards. She has a specific focus on business crimes and she handles various disputes where the dispute contains the application of both civil and criminal law principles. Asena also represents many clients in regulated markets and her experience in dispute management also expands to administrative and tax law-related disputes.

    She is also experienced in employment law. She provides consultancy and represents clients in relation to a wide range of employment law issues including preparation and negotiation of employment contracts, terminations, personnel management, reemployment and unjust competition actions.

    Combining her experience in dispute management with insurance law, Asena focuses on the litigation aspect of the firm’s insurance & reinsurance practice. She represents and advises many clients in both local and London insurance markets, loss adjusters, international law firms and brokers for handling and management of disputes concerning various types of insurance carrying out settlement processes, assessment of claim amount and liability of respected parties as well as of policy coverage.


    Practice Areas & Work Department

    Dispute Management

    Employment

    Business Crimes and Anti-Corruption

    Insurance and Reinsurance

    Administrative, Tax and Regulatory

    Construction and Real Estate


    Languages

    English

    Turkish

    Enforcement of Foreign Judgments 2024 in Turkey - Part 2

    Turkey is not a signatory to the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. However, Turkey has bilateral treaties with many countries for the reciprocal recognition and enforcement of foreign judgments. The basic requirements for recognition of a foreign judgment in Turkey are that the foreign court must have respected the right of defense of the party against which enforcement is sought, the judgment must be final under the laws of the foreign country, and the judgment must not violate Turkish public policy.
    Asena Aytuğ Keser

    Enforcement of Foreign Judgments 2024 in Turkey - Part 1

    Turkey is not a signatory to the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. However, Turkey has bilateral treaties with many countries for the reciprocal recognition and enforcement of foreign judgments. The basic requirements for recognition of a foreign judgment in Turkey are that the foreign court must have respected the right of defense of the party against which enforcement is sought, the judgment must be final under the laws of the foreign country, and the judgment must not violate Turkish public policy.
    Asena Aytuğ Keser

    Tefhimden İtibaren Kanun Yoluna Başvuru Hakkında Anayasa Mahkemesi’nin Güncel Kararı

    Gerekçeli kararın taraflara tebliğinden itibaren istinaf ve temyiz başvuru sürelerinin başladığı kanunlarla düzenlenmiştir. Ancak uygulamada, taraflara gerekçeli kararın tebliğ edilmediği durumlarda süre tutum dilekçesi sunulması gerekmektedir. Anayasa Mahkemesi, bu uygulamanın mahkemeye erişim hakkını engellediğini belirterek, sürenin gerekçeli kararın tebliğiyle başlaması gerektiğine karar vermiştir. Ancak bu kararın uygulamada değişmeyebileceği düşünülmektedir.
    Asena Aytuğ Keser

    The Guide to Challenging and Enforcing Arbitration Awards in Turkey - Third Edition / Part 3

    Procedure for interim measures against assets in Turkey: A creditor seeking enforcement can obtain a provisional attachment order by establishing that receivables are matured and unsecured, and there is a present danger that the debtor lacks sufficient assets. The attachment proceedings must be conducted before the competent court at the debtor's residence. Immovable, movable, and intangible property can be attached through the provisions of the Execution and Bankruptcy Law. Bank accounts held by banks in Turkey can be attached, while those located abroad are not subject to attachment. Sovereign immunity may apply to assets owned by foreign states, with exceptions for assets used for commercial purposes. Waiver of immunity is possible through an agreement. Piercing the corporate veil is exceptional, requiring evidence of fraud or misconduct.
    Asena Aytuğ Keser

    The Guide to Challenging and Enforcing Arbitration Awards in Turkey - Third Edition / Part 2

    To have jurisdiction over an application for recognition and enforcement, the court must be located where the parties agreed or where the defendant resides. If the defendant is not in Turkey, jurisdiction lies where the defendant's attachable assets are located. The applicant must prove the assets are within the court's jurisdiction. The application should include the original or certified copies of the arbitration agreement and arbitral award, along with certified translations. The proceedings are adversarial, with a written phase followed by an oral phase. The court's decision can be appealed. The court can adjourn proceedings if annulment proceedings are ongoing. Assets that can be attached include movable and immovable assets, but certain exemptions apply. Interim measures can be obtained before or during arbitration proceedings.
    Asena Aytuğ Keser

    The Guide to Challenging and Enforcing Arbitration Awards in Turkey - Third Edition / Part 1

    Under Turkish law, an award must include specific information such as the names, addresses, and representatives of the parties involved, the legal basis of the award, the place and date of arbitration, and a notice regarding the possibility of challenging the award. Parties can request corrections or interpretations of an award within a certain time frame. The only recourse available is to file an action to set aside the award. Setting-aside actions must be filed within 30 days of the award's service date. Turkish courts have jurisdiction over setting-aside and recognition/enforcement proceedings.
    Asena Aytuğ Keser

    Amendments to the Execution and Bankruptcy Law and Certain Laws

    The Law Amending the Enforcement and Bankruptcy Law and Certain Laws, known as the 7th Judicial Package, was published in the Official Gazette (32154) dated 05 April 2023 and entered into force except for several provisions with later effective dates.
    Asena Aytuğ Keser

    Litigation and Enforcement 2023 in Turkey - 2

    A party must disclose all evidence that it intends to rely on. A party is not required to disclose all relevant documents in its possession but must only provide documents that it deems appropriate. Parties must act in good faith and state the truth (Article 29, CPC).
    Asena Aytuğ Keser

    Litigation and Enforcement 2023 in Turkey - 1

    The main and most commonly used method for resolving large commercial disputes in Turkey is litigation. Civil litigation is based on the principle that the parties to the dispute prepare their case. The judge is bound to hear claims, defences and evidence brought by the parties.
    Asena Aytuğ Keser

    Arbitration Procedures and Practice 2023 in Turkey - 2

    Both the International Arbitration Code and Civil Procedural Code contain default procedural rules. However, the majority of these rules are not mandatory, and the parties are free to determine procedural rules in their arbitration agreement or after the arbitration begins. In practice, the parties often agree to apply institutional arbitration rules with their sets of default procedural rules.
    Asena Aytuğ Keser

    Arbitration Procedures and Practice 2023 in Turkey - 1

    In Turkey, arbitration traditionally evolved as a dispute resolution mechanism, which was used more frequently in large commercial disputes where a foreign party is involved and mostly when a legal counsel is involved in the preparation of the principal contract between the parties. For all other matters, particularly concerning disputes of smaller value, Turkish parties tended to grant jurisdiction to the Turkish courts.
    Asena Aytuğ Keser