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    Lawyers Koray Söğüt

    Koray Söğüt

    Esin Attorney Partnership
    [email protected]

    Koray is a partner and head of the litigation practice group at Esin Attorney Partnership. He has extensive experience representing clients in all kinds of complex litigation issues especially arising from international commercial law, corporate law, real estate, and white-collar crimes (smuggling, abuse of trust, fraud, defamation and forge documents). He also advises clients about obtaining injunction decisions, law of obligations, maritime law, distributorship lawsuits, unfair competition matters, bankruptcy law, intellectual property litigation, insurance law, and administrative law. He mainly represents governments, local and multinational clients, including private equities, banks, investment companies and construction companies before all levels of the courts in Turkey.


    Practice Areas & Work Department

    Litigation

    Corporate Law

     

    Languages

    Turkish

    English

     

    Memberships

    Admitted to Istanbul Bar, 2004.

    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.
    Koray Söğüt

    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.
    Koray Söğüt

    Anayasa Mahkemesi’nden Önemli İptal Kararı

    Anayasa Mahkemesi (“AYM”), 2022/120 E., 2023/107 K. sayılı kararı (“Karar”) ile, hükmün açıklanmasının geri bırakılması (“HAGB”) kurumunu düzenleyen Ceza Muhakemesi Kanunu’nun (CMK) 231. maddesinin 5 ila 14. fıkralarının iptaline karar vermiştir. Karar, 1 Ağustos 2024 tarihinde yürürlüğe girecektir. 1 Ağustos 2023 tarihli Resmi Gazete’de yayınlanan Karar’a buradan ulaşabilirsiniz.
    Koray Söğüt

    Important Annulment Decision by the Constitutional Court

    The Constitutional Court's Decision 2022/120 E., 2023/107 K. annuls paragraphs 5-14 of Article 231 of the Criminal Procedure Code, regarding the deferment of verdict announcement. The Decision, effective from August 1, 2024, addresses issues with defendant consent, victim assurance, and lacks clear regulation on confiscation proceedings. This annulment aims to ensure a fair trial and protect material and moral existence rights. The institution of deferment is also found incompatible with constitutional principles for public officials. The Court's move impacts the deferment of verdict institution, effective from August 1, 2024.
    Koray Söğüt

    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.
    Koray Söğüt

    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.
    Koray Söğüt

    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.
    Koray Söğüt

    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.
    Koray Söğüt

    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.
    Koray Söğüt