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Lawyers Kardelen Özden

Kardelen Özden

Kardelen Özden

Gün + Partners
[email protected]
BIOGRAPHY
INSIGHTS

Practice Areas & Work Department

Business Crimes and Anti-Corruption

Employment

Dispute Management

Data Protection & Privacy

Corporate & M&A


Languages

English

French

Turkish


Memberships

Istanbul Bar Association

Enforcement of Foreign Judgments 2025 in Turkey - Part 2

Turkish law does not recognise the concept of personal jurisdiction, and therefore the enforcing court will not conduct such an examination.
Beril Yayla Sapan
Asena Aytuğ Keser
Kardelen Özden
04.10.2024

Enforcement of Foreign Judgments 2025 in Turkey - Part 1

Except for multilateral treaties on family law, Türkiye is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments.
Beril Yayla Sapan
Asena Aytuğ Keser
Kardelen Özden
04.10.2024

Kanunî Faiz Oranı, Gecikme Zammı ve Tecil Faizi Oranı Güncellendi

3095 Kanunî Faiz ve Temerrüt Faizine İlişkin Kanun’un (“3095 sayılı Kanun”) 1. maddesi uyarınca Türk Borçlar Kanunu ve Türk Ticaret Kanunu’na göre faiz ödenmesi gereken hallerde, miktarı sözleşme ile tespit edilmemişse bu ödeme yıllık %12 oranı üzerinden yapılır.
Beril Yayla Sapan
Asena Aytuğ Keser
Kardelen Özden
22.05.2024

Update on Legal Interest, Late Payment Fee and Deferment Interest Rates

According to Article 1 of the Law No. 3095 on Legal Interest and Default Interest (“Law No. 3095”), interests to be paid as per Turkish Code of Obligations and Turkish Commercial Code, shall be made at an annual rate of 12%, unless a different contractual rate is agreed.
Beril Yayla Sapan
Asena Aytuğ Keser
Kardelen Özden
22.05.2024

Challenging and Enforcing Arbitration Awards: Türkiye - Part 3

Applying for interim measures under a foreign arbitral award before requesting recognition is controversial, and there are conflicting precedents. Recent precedents favour those applications.
Asena Aytuğ Keser
Direnç Bada
Kardelen Özden
21.05.2024

Challenging and Enforcing Arbitration Awards: Türkiye - Part 2

While domestic arbitral awards are directly enforceable under the CPL, arbitral awards within the scope of the IAL (where the seat is in Turkey and the matter has a foreign element) are enforced by obtaining a certificate of enforceability from the competent civil court of first instance.
Asena Aytuğ Keser
Direnç Bada
Kardelen Özden
20.05.2024

Challenging and Enforcing Arbitration Awards: Türkiye - Part 1

Article 14(A) of the International Arbitration Law (IAL) provides that an award must include: — the names, surnames, titles and addresses of the parties, their representatives and lawyers; — the legal grounds on which the award is based and, if there is a claim for compensation, the amount of compensation; — the place of arbitration and the date of the award;
Asena Aytuğ Keser
Direnç Bada
Kardelen Özden
20.05.2024

Turkish Court of Cassation’s Recent Approach to Public Policy in Enforcement and Setting-Aside of Foreign Arbitral Awards

In general terms, public policy is defined as a set of rules and principles ensuring a smooth conduct of public services, a state’s security and safety, and compliance of the relationship between individuals with the principles of peace and ethics[1]. Due to its conceptual nature and vulnerability to a turmoil of different interpretations, violation of public policy appears as one of the most prevalent counter arguments in enforcement and setting-aside proceedings of foreign arbitral awards. The legislation defines neither the concept of public policy nor the criteria on how it should apply.
Asena Aytuğ Keser
Kardelen Özden
13.03.2024
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