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    Lawyers Fatma Guney

    Fatma Guney

    Akıncı Law Office
    [email protected]

    Fatma Guney is a Barrister, registered in the Bar of England and Wales (2005) (member of the Honourable Society of Gray’s Inn) and a Solicitor of England and Wales, registered under the Solicitor’s Regulation Authority (SRA) since 2007.

     

    Originally from London, Fatma graduated from London Guildhall University in 2004, where she achieved First-Class Honours (graduating top of her year) and has an LLM in Civil Litigation and International Child Abduction from London’s Kings College University (2006).

     

    Fatma is an associate member of CIArb. She has also given lectures on English Law in CIArb Courses. Fatma is a native English speaker and can speak Turkish fluently.

     

    Fatma has worked in firms in London, heading up the litigation department. Since moving to Istanbul from London in 2011, Fatma has worked at Akıncı Law Office and has become a Partner as of September 2022. Her main area of specialism is international construction arbitration. She leads complex construction cases and assists the client in all aspects of the case. Fatma conducts the advocacy at the hearing of the cases, be it in the arbitration or in other forums such as in mediation or before the dispute boards.

     

    Her practice extends to other areas of international arbitration on other commercial matters as well as international investment arbitration.  Fatma has actively participated in State Investment arbitrations both in terms of case preparation and at the hearings.

     

    Her common-law knowledge and working background mixed with a grounding knowledge of civil law principles give her an added advantage to the arbitration procedures and cases. She has attended numerous hearings as counsel and has performed cross-examinations at a high level. She has been present before ICSID, ICC, SIAC, and DIAC cases (as well as ad-hoc and other institutions).


    Practice Areas & Work Department

    Dispute Resolution

    Arbitration

    Construction

     

    Languages

    Turkish

    English

     

    Memberships

    Bar of England and Wales - Grays Inn

    Solicitor of England and Wales (SRA)

    Evolution of the Contractor’s Claim Notice Provisions In FIDIC Contracts – 1999 vs. 2017

    The Contractor's Claim Notices are essential for contract management and dispute resolution in FIDIC contracts. They establish a party's entitlement, provide evidence of the event(s) giving rise to the claim, and impose an obligation on the Employer to address the situation. Claims for additional payment and extension of Time for Completion are typically subject to notice requirements. The format and content of the Contractor's Claim Notice vary between FIDIC 1999 and FIDIC 2017, with the latter imposing stricter requirements. The notice must describe the event, indicate the intention to claim, be in writing, and follow the specified communication method. Timing is crucial, as the notice should be submitted within 28 days of awareness. Failure to comply may result in loss of entitlement. The subsequent steps in the dispute resolution process involve submitting particulars of the claim, consulting with the Engineer/Employer, dispute board referral, notice of dissatisfaction, amicable settlement discussion, and arbitration. Parties must adhere to these steps, as non-compliance may forfeit their right to pursue or challenge a claim.
    Fatma Guney

    ICC - Partial Award on Costs Where a Party Defaults in Paying its Share of the Advance Payment

    In an economically strained climate, be it with the aftermath of the Covid-19 Pandemic or the rising inflation rates causing price increases and economic hardship, the cost of arbitration is a factor that has become ever more prevalent.
    Fatma Guney

    “Without Prejudice Save as to Costs” under English Law verses the Process of “Sealed Offers” under ICC’s Assistance

    Amicable settlement is a viable route for parties in legal proceedings if they can see past their disputes. The rules for making offers, withdrawing or changing offers, and accepting offers are set out in Part 36 of the Civil Procedural Rules in English legal system. This article discusses the concept of Sealed Offers in International Chamber of Commerce (ICC) arbitrations. While there are no specific rules for indemnification of costs under the ICC Rules, Sealed Offers are a positive step of the ICC to encourage parties to present offers to the tribunal on the issue of costs. It is a good tool to introduce in complex international construction cases.
    Fatma Guney