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Kardelen Özden

Kardelen Özden

Gün + Partners

Practice Areas & Work Department

Business Crimes and Anti-Corruption


Dispute Management

Data Protection & Privacy

Corporate & M&A






Istanbul Bar Association

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.


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.


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.


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.


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;


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.


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.


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.

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