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    Lawyers Demet Kaşarcıoğlu

    Demet Kaşarcıoğlu is a partner with the Arbitration practice group of Esin Attorney Partnership.

    She focuses her practice on the resolution of construction and commercial disputes, especially the ones arising from M&A transactions, through arbitration. She represents leading Turkish and international companies before arbitral tribunals and before all levels of domestic courts, including the set aside and recognition and enforcement of arbitral awards and she also acts as arbitrator.


    Practice Areas & Work Department

    Dispute Resolution


    Languages

    Turkish

    English

    French


    Memberships

    Istanbul Bar Association, 2010.

    Esin Litigation Quarterly I Issue 2 I Summer 2023

    Recent legal developments include the European Court of Human Rights declaring facial recognition technology as illegal personal data processing, violating Articles 8 and 10 of the European Convention on Human Rights. The Constitutional Court ruled that Turkish Competition Authority's on-site inspections without a judicial decision breached residential immunity under Article 21 of the Constitution. Also, the Constitutional Court highlighted that denial of restatement of claim after decision reversal infringes on the right to access court and a fair trial. Furthermore, the Council of State established that intervening parties in administrative cases can independently appeal unless against joined party's will.
    Demet Kaşarcıoğlu

    Esin / Arbitration Quarterly - June 2023

    The dispute between the parties arose from a share transfer agreement. The parties agreed that any disputes arising from this agreement should be resolved in accordance with the Arbitration Rules of the International Chamber of Commerce (ICC) (“ICC Rules”). In addition, the parties prepared a terms of reference in which they agreed that the arbitral tribunal may extend the arbitration term.
    Demet Kaşarcıoğlu

    Esin / Litigation Quarterly - Spring 2023

    In its recently published decision, the constitutional court emphasized the “right to a reasoned decision” within the right to a fair trial and ruled that, even if the courts use their discretionary power, the reasons considered whilst doing so must be indicated and explained.
    Demet Kaşarcıoğlu

    7. Yargı Paketini İçeren İcra ve İflas Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair 7445 Sayılı Kanun 5 Nisan 2023 Tarihinde Resmî Gazete’de Yayımlandı!

    Kamuoyu tarafından 7. Yargı Paketi olarak da bilinen İcra ve İflas Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair 7445 Sayılı Kanun, 5 Nisan 2023 tarihli ve 32154 sayılı Resmî Gazete’de yayımlandı.
    Demet Kaşarcıoğlu

    Law No. 7445 on the Amendment of the Enforcement and Bankruptcy Law and Certain Laws Constituting the 7th Judicial Package was Published in the Official Gazette on 5 April 2023

    Law No. 7445 on the Amendment of the Enforcement and Bankruptcy Law and Certain Laws, also known as the 7th Judicial Package, was published in the Official Gazette dated 5 April 2023 and numbered 32154.
    Demet Kaşarcıoğlu

    Esin Arbitration Quarterly

    It is time to take a look back at the first months of 2023 and digest the recent updates and developments happening in the world of international arbitration. Recent court decisions present the new trends and shed light to the future of international arbitration.
    Demet Kaşarcıoğlu

    Arbitration Quarterly

    Global developments, such as changing politics in the energy sector and Russia's invasion of Ukraine, are affecting investment arbitration. European states withdrawing from the ECT, is also causing an impact. Courts and arbitral tribunals are making decisions that may affect state investment policies. Changes in investment arbitration over the last two quarters will continue to be contemporary hot topics, and government policies regarding environmental issues will keep evolving. Arbitral institutions are cooperating to create an environment that facilitates parties worldwide in accessing an arbitral institution from another region.
    Demet Kaşarcıoğlu

    New Decision by the Court of Cassation General Assembly to Unify the Conflicting Judgments

    The Turkish Court of Cassation General Assembly resolved conflicting opinions with its recent Unification of Judgments Decision, determining that the statement of claim in actions for annulment of objections to execution proceedings must be served on the debtor, not their attorney. This decision provides clarity and is binding for the General Assembly, the Court of Cassation's chambers, and lower courts.
    Demet Kaşarcıoğlu