TÜRKIYE Trends and Developments Contributed by: Faruk Aktay, Ayşe Müge Aktay and İrina Gül Coşkun, Aktay Law Firm
international parties are involved. The ease of remote participation helps reduce travel and accommodation costs and allows cases to progress more efficiently. Electronic service has also been widely implemented in the Turkish legal world, which helps to access noti- fications instantly without the hassle of mail. All the notifications coming from government institutions and the courts are collected in the system and can be viewed easily anywhere and any time. Addition- ally, the creation of an online dispute resolution sys- tem has been under discussion for a while, and some academic and political work has recently accelerated matters in this regard. Mandatory Mediation and Increased Use of ADR Mandatory mediation Mediation in dispute resolution has evolved from being a choice to being a mandatory step before filing a lawsuit in labour, commercial and consumer disputes for many monetary claims. Mediation saves a serious amount of money and time compared to litigation and by making it mandatory in certain cases, the Turkish courts have also succeeded in reducing their work- load. In addition, if a lawsuit is eventually necessary, taking part in mediation before filing leads to earlier engagement in dialogue and better case preparation. Institutional arbitration’s growing role Arbitration remains essential for resolving large-scale commercial disputes, especially those with interna- tional elements. The Istanbul Arbitration Centre (ISTAC) and the Istanbul Chamber of Commerce Arbitration and Mediation Center (ITOTAM) have structured them- selves to be key players in the region for both local and foreign arbitrations. Arbitration clauses are now mandatory in many contracts, making it obligatory to engage in arbitration before going to court. Turkish businesses increasingly rely on local and international arbitration centres for efficiency, confidentiality and technical expertise in settling disputes. Arbitral awards are generally enforced in Türkiye, which encourages parties to view arbitration as a dependable alterna- tive to domestic litigation for complex or high-value disputes. Artificial Intelligence in Litigation AI is becoming increasingly integrated into litigation processes in Türkiye. Courts and legal professionals
now encounter AI-generated documents, algorithm- based decisions and automated workflows that influence contractual and commercial relationships. AI tools are widely used for document review, risk analysis, evidence organisation and predictive mod- elling, streamlining case preparation and improving efficiency. At the same time, new disputes arise where AI sys- tems play a role in decision-making – particularly in banking, insurance, digital platforms and employment management. Questions concerning transparency, explainability and liability for algorithmic errors are now entering courtrooms. As the use of AI increases, the Turkish courts are expected to develop clearer standards on the evidentiary value of AI-generated outputs, the allocation of responsibility between developers and users, and the ethical boundaries of automated decision-making. Commercial and Corporate Litigation Economic volatility and contract litigation Ongoing fluctuations in exchange rates, inflation and supply-chain disruptions have kept commercial con- tract disputes at a high level. Parties regularly request judicial intervention to revise contractual terms, adapt long-term agreements or terminate arrangements that have become commercially unsustainable. Digital- service contracts and online platform agreements also form a growing category of litigation. Disputes often concern account restrictions, data-sharing obli- gations, service interruption, or changes to commer- cial terms imposed by large platforms. As businesses rely more heavily on digital infrastructure, conflicts involving algorithm-based decision-making, unilateral policy updates and platform governance standards have become more frequent. These cases require the courts to assess not only contractual provisions but also technical evidence, service-level expectations and the broader regulatory environment surrounding digital commerce. Corporate governance, shareholder and post-M&A disputes Corporate disputes remain prevalent, especially with- in closely held companies. Common issues involve challenges to general assembly decisions, claims
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