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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

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

Council of State's Unification of Decisions on Appeals Filed by Intervening Parties

The Council of State of Turkey has recently ruled that intervening parties can appeal decisions individually, even if the principal party does not file an appeal. This is on condition that the intervening party's appeal is not against, or is not contradicting, the principal party's explanations or intent. The decision is binding for the courts and will allow intervening parties to have a greater say in the outcome of cases.
Beril Yayla Sapan
Kardelen Özden
06.09.2023

Enforcement of Foreign Judgments 2024 in Turkey - Part 2

Turkey is not a signatory to the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. However, Turkey has bilateral treaties with many countries for the reciprocal recognition and enforcement of foreign judgments. The basic requirements for recognition of a foreign judgment in Turkey are that the foreign court must have respected the right of defense of the party against which enforcement is sought, the judgment must be final under the laws of the foreign country, and the judgment must not violate Turkish public policy.
Beril Yayla Sapan
Asena Aytuğ Keser
Kardelen Özden
04.09.2023

Enforcement of Foreign Judgments 2024 in Turkey - Part 1

Turkey is not a signatory to the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. However, Turkey has bilateral treaties with many countries for the reciprocal recognition and enforcement of foreign judgments. The basic requirements for recognition of a foreign judgment in Turkey are that the foreign court must have respected the right of defense of the party against which enforcement is sought, the judgment must be final under the laws of the foreign country, and the judgment must not violate Turkish public policy.
Beril Yayla Sapan
Asena Aytuğ Keser
Kardelen Özden
04.09.2023

Amendments to the Execution and Bankruptcy Law and Certain Laws

The Law Amending the Enforcement and Bankruptcy Law and Certain Laws, known as the 7th Judicial Package, was published in the Official Gazette (32154) dated 05 April 2023 and entered into force except for several provisions with later effective dates.
Asena Aytuğ Keser
Kardelen Özden
20.04.2023

Arbitration Procedures and Practice 2023 in Turkey - 2

Both the International Arbitration Code and Civil Procedural Code contain default procedural rules. However, the majority of these rules are not mandatory, and the parties are free to determine procedural rules in their arbitration agreement or after the arbitration begins. In practice, the parties often agree to apply institutional arbitration rules with their sets of default procedural rules.
Beril Yayla Sapan
Asena Aytuğ Keser
Kardelen Özden
21.02.2023

Arbitration Procedures and Practice 2023 in Turkey - 1

In Turkey, arbitration traditionally evolved as a dispute resolution mechanism, which was used more frequently in large commercial disputes where a foreign party is involved and mostly when a legal counsel is involved in the preparation of the principal contract between the parties. For all other matters, particularly concerning disputes of smaller value, Turkish parties tended to grant jurisdiction to the Turkish courts.
Beril Yayla Sapan
Asena Aytuğ Keser
Kardelen Özden
21.02.2023

Court Provides Guidance on How to Conclude Actions For Undue Receivables

The Grand General Assembly on the Unification of Judgments of the Court of Cassation in Turkey recently ruled that actions initiated for undue receivables should be dismissed on procedural grounds, as the plaintiffs lack legal interest as a cause of action. This unification decision resolves a controversy in Turkish law, where courts had been divided on whether to examine such cases on their merits or dismiss them on procedural grounds. The decision also clarifies the applicable attorney fees, eliminating unfair practices resulting from the previous inconsistency in judgments.
Beril Yayla Sapan
Kardelen Özden
18.12.2022
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