Lawyers Demet Kaşarcıoğlu

Demet Kaşarcıoğlu

Demet Kaşarcıoğlu

Esin Attorney Partnership

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






Istanbul Bar Association, 2010.

The Constitutional Court has annulled the Rule Regarding the Minimum Monetary Limit for Appeal in Administrative Proceedings.

With its decision numbered 2023/81 and dated 26 October 2023 (“Decision“), the Constitutional Court decided to annul the regulations on the lower monetary limit to apply for an appeal in administrative proceedings, due to the lack of clarity in the law as to the date as of which the appeal limit should be considered.


Esin Arbitration Quarterly December 2023 — Tenth Issue

With winter well on its way and 2023 drawing to a close, developments in the arbitration world continue to unfold. For the 10th issue of the Arbitration Bulletin, we compiled interesting court decisions and news about the developments in arbitration. Let’s take a closer look at these decisions and news.


Esin Litigation Quarterly I Issue 3 I Autumn 2023

Welcome to the Fall 2023 issue of Esin Litigation Quarterly. As we say goodbye to the hot summer, the exciting developments in litigation continue to evolve. In this issue, we look at the growing importance of mediation in dispute resolution and analyze the Constitutional Court’s landmark rulings potentially impacting the framework of the legal disputes.


Esin / Arbitration Quarterly - September 2023

The dispute between the parties arose from an amendment extending the term of a surety agreement. The parties have agreed that the disputes arising from the surety agreement will be resolved through arbitration. The plaintiff initiated execution proceedings for the collection of the receivable deriving from the general loan arrangement and surety agreement. Thereafter, the defendant objected to the execution proceedings and the plaintiff therefore initiated an action for cancellation of the objection to be able to proceed with the execution proceedings. The action for cancellation of the objection was initiated before Turkish courts despite the existence of an arbitration agreement, therefore, the defendant raised an arbitration objection against the jurisdiction of Turkish courts. The arbitration objection was upheld by the court, which then dismissed the plaintiff’s lawsuit on the basis of lack of jurisdiction.


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.


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.


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.


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.

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