Lawyers Koray Söğüt

Koray Söğüt

Koray Söğüt

Esin Attorney Partnership

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.

The Constitutional Court has annulled the Rule Regarding the Minimum Monetary Limit for Appeal in Administrative Proceedings.

With its decision numbered 2023/81 and dated 26 October 2023 (“Decision“), the Constitutional Court decided to annul the regulations on the lower monetary limit to apply for an appeal in administrative proceedings, due to the lack of clarity in the law as to the date as of which the appeal limit should be considered.

27.12.2023

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.

09.11.2023

Anayasa Mahkemesi’nden Belirsiz Alacak Davalarına İlişkin Önemli Karar

Anayasa Mahkemesi, 2019/17969 sayılı ve 8 Haziran 2023 tarihli kararında (“Karar“), alacak miktarı belirli olmasına rağmen belirsiz alacak davası açılması durumunda, başvuruculara düzeltme imkanı tanınmadan dava şartı eksikliğinden davanın reddedilmesini mahkemeye erişim hakkının ihlali olduğuna karar verdi. Karar, 6 Ekim 2023 tarihli Resmi Gazete’de yayımlandı.

18.10.2023

Important Decision by the Constitutional Court on Lawsuits with Unquantified Claims

With its decision No. 2019/17,969 and dated June 8, 2023 (“Decision“), the Constitutional Court ruled that the court’s dismissal of the lawsuit over lack of procedural prerequisite without giving the applicants the opportunity to correct it, because the applicants filed a quantifiable claim as an unquantified debt, violated the applicants’ right of access to the court.

16.10.2023

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.

27.09.2023

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.

10.08.2023

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.

10.08.2023

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.

09.08.2023
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