TÜRKIYE Trends and Developments Contributed by: Faruk Aktay, Can Eken and Ayşe Müge Aktay, Aktay Law Firm
Introduction The socio-political landscape of Türkiye in 2024 has been complex. The litigation environment has also altered a great deal due to develop- ments in technology, economic conditions, and legal jurisprudence. To this effect, this commen- tary debates the main trends and developments in Türkiye’s litigation environment, considering their implications for legal practitioners, busi- nesses, and society as a whole. Digital Transformation in the Judiciary Probably one of the most important trends in Turkish litigation is the modernisation of the judiciary through digital transformation. The Turkish government has invested significantly in modernising the court systems with technol- ogy and improved efficiency. From online filing of documents to virtual hearings, electronic case management through an e-court system is now performed as part of the ongoing transformation. The introduction of an e-court system has made administration easier. This is reflected in the minimal time it takes to file cases and access court documents. Litigants are now able to sub- mit petitions and evidence electronically, there- by saving time and reducing congestion in the physical court structures. The electronic running of court procedures will enhance transparency because more data will become available to the public. The e-court system also provides real-time case tracking, thereby allowing litigants to monitor progress without unnecessary delays. Virtual hearings There has been increasing use of virtual hear- ings, especially during and after COVID-19. The courts adapted further to holding hearings via videoconferencing platforms. This has provided
greater accessibility, especially for parties who are usually in the most remote locations. It is likely that this will continue, bringing flexibil- ity for litigants and reducing some of the logisti- cal challenges of physical attendance at court. Virtual hearings also help decrease travel and accommodation costs and make justice more accessible for all parties. Increased Usage of Alternative Dispute Resolution The second trend that has emerged in 2024 is a highly correlated rise in interest in mediation and arbitration as means of alternative dispute resolution (ADR). The judiciary in Türkiye always encourages parties to look to these alternatives to reduce the load on courts and seek quicker Mediation has gained popularity as a method of ADR. From its inception in 2013, the Turkish Mediation Law provided a structure for the medi- ation of civil disputes, increasing its usage rate. In 2024, mediation has been recommended by courts as an option before litigation. The courts highlight how mediation saves money and time compared to litigation. Mediation, especially in family law, also helps achieve the purpose of maintaining relations between the parties better than litigation. Arbitration Arbitration remains the method of choice in the settlement of commercial disputes and for international traders. The Istanbul Arbitration Centre has structured itself to be a key player in the region for both local and foreign arbitra- tions. Its speed and confidentiality provide an added incentive to parties who do not wish to solutions. Mediation
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