TÜRKIYE Trends and Developments Contributed by: Faruk Aktay, Can Eken and Ayşe Müge Aktay, Aktay Law Firm
risk exposure to press publicity during court pro- ceedings. Additionally, the relevant Turkish laws with respect to enforcement of arbitral awards com- ply with international standards and reinforce the position of Türkiye as a seat of arbitration. Human Rights and Rule of Law Spotlight Human rights and judicial independence remain a major source of litigation in Türkiye. Disputes involving freedom of expression, assembly, and political dissent have been among the hottest cases in 2024. Freedom of expression Citizens are increasingly bringing cases alleg- ing the government’s actions are impeding their freedom of expression. Cases have included several high-profile controversies in which the government has targeted journalists, activists, and alleged dissenters. Many of these cases have gained national and international attention because they touch upon the rule of law and judicial independence. The number of these cases is increasing which reflects civil society involvement with the courts. Unsurprisingly, accountability issues predomi- nate. Judicial independence Judicial independence continues to be a hotly debated issue in Türkiye, with various human rights reports indicating questionable political interference in the judiciary processes. The liti- gation environment would naturally be affected as parties may not want to pursue cases that may be perceived to be politically sensitive. This has made the international community advocate for reforms that would ensure stronger
judicial independence. Discussion and continu- ous advocacy are necessary to improve public confidence in the judiciary. Corporate Litigation and Economic Factors The Turkish economy is continuously diversi- fying. The commercial litigation landscape has therefore become increasingly complex. In 2024, corporate entities have been confronted with a number of problems and critical legal issues regarding commercial contracts, competition law, and intellectual property rights. Commercial contracts E-commerce and digital transactions dispropor- tionately raise disputes related to commercial contracts. These developments have increased corporate awareness of ever-changing legal landscapes and of a greater need for proactiv- ity when agreements are drawn up, consider- ing both digital interactions and cross-border transactions. There will also be further litigation arising from breaches of technology contracts. Along with the drafting and maintaining of con- tracts, technology is increasingly utilised by a business to reduce human error and enhance compliance. Competition Law The Turkish Competition Authority has been quite active in enforcing the Competition Law in the country. This has led to an increase in anti- competitive practice litigation. Businesses have increasingly been scrutinised with regards to price-setting mechanisms, market dominance, and M&A. In these cases, companies should always keep their adherence to changing regu- lations up to date to avoid creating any poten- tial for litigation. In addition, consumer welfare increasingly comes into focus, raising ethical awareness about business practices.
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