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Commercial litigation in Turkey refers to the legal process for resolving disputes arising out of commercial relationships and business activities. This field covers disagreements between companies or between individuals and companies related to contracts, partnerships, mergers and acquisitions, negotiable instruments, trade debt, intellectual property, unfair competition, and numerous other business matters. Turkish commercial litigation is governed mainly by the Turkish Commercial Code and the Code of Civil Procedure, providing a structured approach for the resolution of such disputes through the court system or arbitration.
Engaging a professional legal advisor in commercial litigation can be critical due to the complex and technical nature of these disputes. Common situations that may require legal assistance include:
A qualified lawyer can help navigate the legal framework, protect your rights and interests, and work towards a resolution through negotiation, mediation, or litigation in court.
The foundation of commercial litigation in Turkey is established by several key statutes:
Turkish commercial courts have specific jurisdiction over commercial disputes. Most commercial litigation begins with mandatory mediation before a case can be filed with the courts. The process can include written and oral stages, expert witness involvement, and appeals, making it essential to understand procedural and substantive laws relevant to your dispute.
A commercial dispute involves disagreements arising from commercial transactions or relationships, such as company agreements, sales contracts, banking, or insurance services, and any matter falling under the domain of the Turkish Commercial Code.
Mandatory mediation is a pre-filing requirement in Turkey for certain types of commercial disputes, particularly those involving claims for monetary compensation. Parties must attempt resolution through a registered mediator before proceeding to court.
The duration depends on the complexity of the case, court workload, and whether appeals are filed. Simple cases may resolve within months, yet complicated disputes can take several years, including the appeal process.
Yes, foreign companies can initiate lawsuits in Turkish commercial courts if the dispute is connected to Turkish law or jurisdiction. International business contracts often specify Turkish courts or arbitration centers as the forum for resolving disputes.
Documents such as contracts, invoices, correspondence, expert reports, and witness testimony are commonly used. Having proper documentation and records is crucial for substantiating your claims.
Alternative dispute resolution options in Turkey include mediation and arbitration. Arbitration is especially popular in international commercial disputes and can offer faster, confidential resolution.
Judgments are generally public, but sensitive business information can sometimes be protected. Court hearings are mostly open, but the court may decide to close sessions in specific cases.
Costs include court fees, lawyer fees, expert and witness fees, and possible mediation or arbitration expenses. The losing party may be ordered to cover some or all incurred costs.
Yes, parties dissatisfied with the commercial court’s decision can file an appeal to the Regional Courts of Appeal and, in some situations, to the Supreme Court of Appeals (Yargıtay), depending on the case.
Turkish court judgments are generally enforceable within Turkey. For international enforcement, Turkey is party to several bilateral and multilateral treaties, which can facilitate the recognition and enforcement of judgments abroad and vice versa.
For further information or assistance regarding commercial litigation in Turkey, the following resources may be useful:
If you are involved in a business dispute or anticipate commercial litigation in Turkey, consider these steps:
Early legal advice can significantly improve your position in any commercial dispute. Taking informed steps at the outset can help minimize risk and ensure a smoother resolution process.
