Litigation 2026

TÜRKIYE Trends and Developments Contributed by: Faruk Aktay, Ayşe Müge Aktay and İrina Gül Coşkun, Aktay Law Firm

sector-specific regulations. Regulatory oversight by the Energy Market Regulatory Authority (“EPDK”) con- tinues to shape the landscape, as companies chal- lenge administrative decisions or seek judicial review of penalties and licence suspensions. Contractual disputes are also common, particularly in long-term power purchase agreements, EPC con- tracts and natural gas supply arrangements. Issues such as price revisions, take-or-pay obligations, capacity shortages, construction delays and chang- es in regulatory frameworks often lead to arbitration or litigation. Renewable energy projects – especially solar and wind – have introduced additional layers of complexity, including grid-connection challenges, incentive scheme disputes and land-use conflicts. Cross-border dimensions are increasingly visible, with international investors pursuing claims under BITs for alleged unfair treatment or regulatory interference. As Türkiye’s energy transition accelerates, disputes concerning carbon-reduction commitments, environ- mental compliance and sustainability requirements are expected to grow, making the energy sector one of the most active arenas for commercial and admin- istrative litigation. Influence of Global Trends Corporate social responsibility Corporate social responsibility (CSR) has become increasingly relevant in commercial disputes. Com- panies face scrutiny not only for regulatory compli- ance, but also for whether their operations align with public commitments regarding labour practices, com- munity impact and sustainability. Failure to meet these expectations can lead to reputational harm and liti- gation. The courts and regulators are also beginning to consider ESG-related disclosures and corporate statements as potentially enforceable commitments, increasing the risk of claims grounded in misrepre- sentation, greenwashing or breaches of stakeholder expectations. This trend is particularly visible in sectors such as retail, energy, manufacturing and finance, where stakeholders demand greater transparency and accountability. Claims may involve allegations that companies failed to uphold promised environmental

targets, misrepresented supply chain conditions or overlooked human rights risks associated with their operations. As ESG metrics become embedded in procurement processes, investment decisions and contractual arrangements, disputes increasingly arise from disagreements over performance measurement, verification methods and reporting accuracy. Compa- nies are therefore placing greater emphasis on internal monitoring, third-party audits and robust compliance frameworks to mitigate the growing risk of CSR-based litigation. ESG factors in litigation ESG-related disputes continue to occur across sec- tors. The courts increasingly encounter claims involv- ing environmental risk management, workplace stand- ards, corporate reporting practices and sustainability representations, although many companies incorpo- rate ESG considerations into their compliance pro- grammes to minimise future litigation exposure. As regulatory expectations tighten, businesses are also facing greater scrutiny from investors and stakehold- ers, making robust ESG governance a critical factor in avoiding both regulatory sanctions and civil liability. Disputes now commonly involve allegations of inac- curate sustainability reporting, failure to meet stated environmental targets or shortcomings in workplace safety and diversity commitments. As ESG obligations become more embedded in contractual arrangements and investment decisions, companies are expected to demonstrate clearer evidence of compliance, trans- parency and continuous monitoring to mitigate these risks. Conclusion Litigation in Turkey in 2025 is marked by digi- tal advancements, evolving economic conditions, stronger regulatory intervention and greater empha- sis on social and environmental responsibility. Media- tion, arbitration, cross-border enforcement, compe- tition disputes, contract litigation and environmental accountability all remain central themes. Lawyers and businesses that understand these developments are better equipped to manage risks, resolve disputes efficiently and navigate an increasingly sophisticated legal landscape. As the legal system continues to modernise, stakeholders who invest in proactive com- pliance, strategic planning and technological capabil-

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