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    Lawyers İsmail G. Esin

    İsmail G. Esin

    Esin Attorney Partnership
    [email protected]

    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.

    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

    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

    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

    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

    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

    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.
    İsmail G. Esin

    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.
    İsmail G. Esin

    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.
    İsmail G. Esin

    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.
    İsmail G. Esin

    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.
    İsmail G. Esin