TÜRKIYE Trends and Developments Contributed by: Faruk Aktay, Ayşe Müge Aktay and İrina Gül Coşkun, Aktay Law Firm
of minority oppression, alleged mismanagement by directors, and conflicts over profit distribution. The number of post-M&A disputes continues to rise. Parties litigate matters such as earn-out calculations, warranties, indemnities and claims of incomplete dis- closure. The development of case law around direc- tors’ duties and related-party transactions is increas- ingly important for transactional lawyers aiming to build litigation-resistant deal structures. Cross-Border Disputes and Enforcement Cross-border commercial disputes Türkiye’s central geographic and commercial posi- tion ensures a steady stream of disputes with foreign components. Matters involving transport, logistics, supply chains, distribution networks and international sales regularly reach the courts. Questions concern- ing jurisdiction, choice-of-law disputes and anti-suit considerations are frequent. Parties also seek interim relief in Türkiye to preserve assets or secure evidence in support of foreign proceedings. The Turkish com- mercial courts have become more sophisticated in assessing foreign law and expert evidence, making them more effective forums for international disputes than they previously were. At the same time, cross- border enforcement strategies and co-ordination between Turkish and foreign counsel have become increasingly important, especially in complex multi- jurisdictional cases involving parallel proceedings. As a result, the role of international arbitration, recogni- tion-and-enforcement actions and emergency meas- ures continues to expand, reinforcing Türkiye’s posi- tion as a regional dispute-resolution hub. International trade The increase in the number of agreements and trans- actions has led to an increase in the number of dis- putes arising from these. Companies involved in export and import must follow not only national but also international law, and may have to deal with international contract litigation as well as tariff and trade regulations. Additionally, compliance obligations linked to sanctions, customs procedures, and cross- border payment mechanisms are becoming more demanding, making proactive legal risk management essential for businesses engaged in global commerce. As global supply chains become more interconnected,
disputes related to delivery delays, quality standards, and currency fluctuations are increasingly common. Companies are therefore encouraged to adopt clearer contractual frameworks, update their compliance poli- cies regularly, and monitor regulatory developments to avoid costly conflicts and ensure that international operations run more smoothly. Investment disputes Foreign investment in Türkiye has fluctuated over the years, and some disputes between the Turkish state and foreign investors have come to the fore. Indeed, bilateral investment treaties (BITs) do have mecha- nisms for investors seeking arbitration in cases of expropriation or unfair treatment. As these cases pro- ceed, transparency in the arbitration process and the state’s adherence to international obligations play an increasingly influential role in shaping investor confi- dence and determining Türkiye’s long-term credibility as a global investment market. Foreign investors are paying closer attention to regulatory stability, adminis- trative fairness and the predictability of judicial review processes, and the manner in which Türkiye manages ongoing disputes, enforces arbitral awards and com- municates policy reforms will have a direct impact on perceptions of legal certainty. These dynamics under- score the importance of maintaining a consistent and internationally aligned investment framework, particu- larly as competition for global capital intensifies. Enforcement of foreign judgments and arbitral awards Enforcement remains a crucial component of com- mercial litigation strategy. Parties pursuing foreign judgments or arbitral awards focus on securing pre- cautionary attachments, anticipating public policy objections and co-ordinating proceedings across multiple jurisdictions. While the framework for enforc- ing arbitral awards remains stable and predictable, effective enforcement often depends on careful prep- aration, including tracing assets, analysing potential insolvency risks and addressing complex corporate structures. Practitioners also increasingly rely on co- ordinated multi-step enforcement plans, combining domestic remedies with cross-border asset discov- ery tools, which has made strategic planning just as important as the litigation process itself. Parallel pro- ceedings may be initiated in multiple countries, requir-
1167 CHAMBERS.COM
Powered by FlippingBook