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Lawyers İsmail G. Esin

İsmail G. Esin

İsmail G. Esin

Esin Attorney Partnership
[email protected]
BIOGRAPHY
INSIGHTS

Ismail Esin has experience advising clients in arbitration, litigation, mergers and acquisitions, privatization and real estate matters. He is ranked by leading publications for his experience in mergers and acquisitions, commercial arbitration and commercial litigation and has written extensively on these topics. He has also lectured on real estate law, law of obligations and mergers and acquisitions law at Marmara, Galatasaray and Bilgi Universities and currently lectures at Yeditepe University on mergers and acquisitions. Dr. Esin advises banks, multinational companies, governments and private equity funds on investments and major projects in Turkey, the Middle East and the CIS. His work focuses primarily on the retail, energy, infrastructure, construction, telecommunications, real estate and healthcare industries.

 

Practice Areas & Work Department

Real Estate

Mergers & Acquisitions

Private Equity

Dispute Resolution

 

Languages

Turkish

English

 

Memberships

Admitted to Istanbul Bar, 1998.

Anayasa Mahkemesi, Yargıtay’ın Gerekçelendirme Yapmadan Benzer Konulardaki İçtihadına Aykırı Hüküm Kurmasının Adil yargılanma Hakkını İhlal Ettiğine Karar Verdi.

Anayasa Mahkemesi, 2019/22055 başvuru sayılı ve 15 Kasım 2023 tarihli bireysel başvuru kararında (“Karar“); Yargıtay’ın, önceki içtihatlarından farklı olarak sözleşmesel borca aykırılığın manevi tazminata yol açmayacağı yönünde vermiş olduğu kararın, başvurucunun adil yargılanma hakkını ihlal ettiğine karar vermiştir. Karar, 28 Şubat 2024 tarihli Resmi Gazete’de yayımlandı.
İsmail G. Esin
Yalın Akmenek
Elif Atmaca
06.03.2024

The Constitutional Court Ruled that the Court of Cassation’s Ruling Contrary to the Case-Law on Similar Issues Without Justification Violated the Right to a Fair Trial

With its decision on individual application numbered 2019/22055 and dated 15 November 2023 (“Decision“), the Constitutional Court ruled that the Court of Cassation’s decision that the breach of contractual obligation would not lead to non-pecuniary damages, contrary to its previous case-law, violated the applicant’s right to a fair trial.
İsmail G. Esin
Yalın Akmenek
Elif Atmaca
06.03.2024

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.
İsmail G. Esin
Yalın Akmenek
Demet Kaşarcıoğlu
Ceyda Sıla Çetinkaya
25.12.2023

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.
İsmail G. Esin
Yalın Akmenek
Koray Söğüt
Demet Kaşarcıoğlu
09.11.2023

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.
İsmail G. Esin
Yalın Akmenek
Koray Söğüt
Demet Kaşarcıoğlu
27.09.2023

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.
İsmail G. Esin
Yalın Akmenek
Koray Söğüt
Demet Kaşarcıoğlu
10.08.2023

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.
İsmail G. Esin
Yalın Akmenek
Koray Söğüt
Demet Kaşarcıoğlu
07.06.2023

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.
İsmail G. Esin
Yalın Akmenek
Koray Söğüt
Demet Kaşarcıoğlu
06.05.2023
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