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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

    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