TÜRKIYE Law and Practice Contributed by: Faruk Aktay and Ayşe Müge Aktay, Aktay Law Firm
in courts in the country. Legal representatives have to: • be a Turkish citizen; • have graduated from one of the law faculties in Türkiye or be a graduate of a faculty of law in a foreign country and passed examinations in extra courses in the curriculum of Turkish faculties of law; • have completed an apprenticeship and received an apprenticeship completion cer- tificate; • have a legal domicile in the jurisdictional area of the bar association in the directory regis- tration is being sought in; or • not have a status that is unfit for attorneyship under existing law. Legal representatives also have to comply with the Attorney Partnership Regulation and the foreign capital incentive legislation specified in Article 44 of the Attorneyship Law. A foreign lawyer may contribute to the litigation process provided that they work together with the Turkish lawyer. For law partnerships, the partners are not required to be registered with the bar association. Parties may appoint a for- eign lawyer for arbitration proceedings. If there is an international treaty or special arrangements with foreign lawyers, temporary authorisation may be granted. 2. Litigation Funding 2.1 Third-Party Litigation Funding There is no specific regulation for litigation fund- ing by a third-party funder. However, it can be provided in international arbitration proceedings in line with the international arbitration law to
which Türkiye is a party and regulations such as the New York Convention. 2.2 Third-Party Funding: Lawsuits Third-party funding is available in commercial lit- igation as well as international arbitration cases, compensation cases and intellectual property cases. 2.3 Third-Party Funding for Plaintiff and Defendant Third-party funding is available for plaintiffs and defendants. Both parties will have to apply to third parties. Defendants may require third-party funding for defence costs, counterclaims, etc. 2.4 Minimum and Maximum Amounts of Third-Party Funding There are no minimum and maximum amounts a third-party funder will fund. In general, it is possible to determine an upper or a lower limit depending on the subject matter of the case. Third-party funders also determine the amount based on the success rate of the case. As third- party funding is regulated by contract, the par- ties can set limits between themselves and limits can be set freely under the principle of freedom of contract. 2.5 Types of Costs Considered Under Third-Party Funding Third-party funders may provide funding for lawyer fees; costs of court proceedings (such as application fees and hearing fees); costs for expert witnesses or evidence gathering; travel and communication costs; and research and analysis costs where necessary. In addition, third-party funders set costs according to the success rate of the case.
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