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PiYADE SOKAK NO 18, PORTAKAL ÇIÇEGI APT, C BLOK, KAT 3, ÇANKAYA, ANKARA 06550, TURKEY
Tel:
Work +90 312 442 4680
Fax:
Fax +90 312 442 4690
Email:
Web:
www.cakmak.av.tr

Dr Cem Çağatay Orak

Tel:
Work +903124424680
Email:
Çakmak Avukatlık Ortaklığı

Work Department

Litigation and Arbitration

Position

Dr. Cem Çağatay Orak specializes mainly in energy, mining, infrastructure, construction, healthcare, defense industry and arbitration matters. He has extensive experience with public-private partnerships, multi-party civil and administrative law contracts, permitting, environmental law and M&A transactions in the highly regulated sectors. He has advised sponsors and lenders in the financing of a number of major projects. Dr. Orak also focuses on dispute resolution and arbitration. He has represented Turkish and foreign clients in numerous complex disputes before courts and arbitral tribunals. He has also acted as secretary to arbitration tribunals in domestic arbitration and international commercial arbitration.

Dr. Orak has a Ph.D in administrative law, and is the author of several professional and scholarly writings on energy law, construction and engineering law, and domestic and international arbitration. He lectures at universities and institutions on these fields of law.

Career

He completed his internship at Çakmak Avukatlık Ortaklığı, and he worked as an associate in one of the well-known arbitration-focused law firms of Turkey. In 2007 - 2008, he worked as an in-house legal counsel for Zorlu Energy Group. He re-joined Çakmak Avukatlık Ortaklığı in 2008 and became partner in 2012. He has been the head of the litigation and arbitration department since then.

Languages

Turkish and English

Member

New York State Bar, USA, 2017
Ankara Bar Association, Turkey, 2002
Turkish Bar Associations Union, 2002

Education

Columbia Law School, LL.M., 2016
Ankara University, Faculty of Law, Ph.D., 2011
Ankara University, Faculty of Law, LL.M., 2005
Ankara University, Faculty of Law, LL.B., 2001


Turkey

Banking, finance and capital markets

Within: Banking, finance and capital markets

Çakmak Avukatlık Ortaklığı is particularly well known for advising domestic and international financial institutions on project finance and refinancing matters. In one recent highlight, Mesut Çakmak led advice to DenizBank on the $189m capacity increase financing of a theme park in Antalya. Cem Çağatay Orak joined in February 2017; Özlem Kiliz Voyvoda and Naz Bandik Hatipoğlu were made partner in January 2017.

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Competition

Within: Competition

Çakmak Avukatlık Ortaklığı handles anti-dumping matters and competition compliance and assists clients with merger filings and notifications. In one recent highlight, the team represented Garanti Bankası in an individual exemption request filed before the Turkish Competition Authority, in connection with sub-licensing agreements for the American Express credit cards payment system. The practice is jointly led by Mesut Çakmak and Cem Çağatay Orak.

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Dispute resolution

Within: Dispute resolution

Çakmak Avukatlık Ortaklığı is particularly active in energy, construction and projects and handles litigation as well as international arbitration. The practice is led by Mesut Çakmak; Cem Çağatay Orak and Özlem Kızıl Voyvoda are other key figures. Recent highlights include representing Philip Morris in a lawsuit filed against the Turkish Tobacco and Alcohol Market Regulatory Authority in order to attain cancellation of an administrative action against the client. Zeynep Çakmak returned to the firm from GKC Partners in February 2018.

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Project finance/projects

Within: Project finance/projects

Çakmak Avukatlık Ortaklığı’s practice is led by Mesut Çakmak and represents banks, holdings and developers on project finance and refinancing matters, as well as the development and operation of power projects. Recent highlights include advising ERG İnşaat on the development, rehabilitation, financing, construction and operation of its Afşin-Elbistan thermal power project. The firm strengthened the department with the hire of Cem Çağatay Orak in February 2017 and the promotions of Özlem Kızıl Voyvoda and the ‘outstandingNaz Bandik Hatipoğlu to the partnership in January 2017. ‘Dedicated’ senior associate Mustafa Durakoğlu is experienced in the energy and infrastructure sectors. Zeynep Çakmak returned to the firm from GKC Partners in February 2018.

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Legal Developments in Turkey

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Amendments Introduced through Law No. 7101 on Arbitration Proceedings

    State courts have very important functions concerning arbitration proceedings. These functions may aim to provide assistance to arbitration proceedings, such as collection of evidence through state courts, which would support the functions of the tribunal, or functions aimed at supervision of arbitration proceedings, such as set-aside actions. The legal provisions regulating these functions play an important role in the determination of whether a particular state has an arbitration-friendly legislation.
  • Restrictions on Use of Foreign Currencies in Certain Agreements between Turkish Residents

    The Presidential Decree dated September 12, 2018, on the Amendment of Decree No. 32 on the Protection of the Value of the Turkish Lira (" New Decree "), introduced significant restrictions on the use of foreign currencies in certain agreements between Turkish residents. Below, we explain the scope of the New Decree and discuss possible issues and problems that may arise in relation to the implementation of the New Decree. We also assess the potential effects of the Communiqué (2018/32-51) on the Amendment of the Communiqué on Decree No. 32 on the Protection of the Value of the Turkish Lira (2008/32-34) (" Communiqué "), which was published in the Official Gazette on October 6, 2018, and lists the exceptions to the restrictions imposed by the New Decree.
  • Amendment of ICSID Rules and Regulations

    At the 2016 Annual Meeting of the Administrative Council, the International Centre for Settlement of Investment Disputes ("ICSID") launched an amendment process on its' rules and regulations ("ICSID Rules and Regulations"). This has been the fourth amendment process since 1984, 2003 and 2006. As per Article 6 of the ICSID Convention, the amendments will only be effective upon the approval of two-thirds of the contracting states2. Hence, ICSID invited contracting states and the public3 to provide their amendment suggestions on topics worthy of consideration, which will be used as background papers throughout the process.
  • Trust Liability in terms of Groups of Companies

    Article 209 of Turkish Commercial Code No. 6102 ("TCC") has set forth obligations that are subject to damage caused by the trust and reputation of the parent company, as created with society and the consumer. Accordingly, "in the event that the reputation of the parent company and the group of companies reaches a certain level which provides trust to society or the consumer, the parent company is liable for the trust created by utilization of this reputation".
  • Possibilities and the Results of Trademark Confusion

    Trademarks are the vehicles that are used to differentiate companies one from the other. They help to capture the consumers' attention. It is essential and necessary to protect trademarks that are created and improved with capital and effort, from unrightful use by third parties, and to prevent the encroachment of trademarks through confusion. One of the most efficient functions of intellectual property law is to encumber imitations, and to halt improper benefit by using the popularity of the trademarks to their consumers. On the other hand, in our daily lives, we often see trademarks that are similar, and may wonder how they co-exist at the same time. In this article, we will shed light on the reasons why similar trademarks can be registered, the criteria that cause trademark confusion, and the remedies to prevent and/or remove these infringements.
  • Capital Markets Board Issues an Official Announcement on Initial Coin Offerings and Crowdfunding

    The Capital Markets Board (" CMB ") issued an announcement on September 27, 2018, on its website and addressed the much-disputed status of digital tokens and Initial Coin Offerings (" ICO "). In this announcement, the Capital Markets Board stated that it does not regulate or supervise ICOs, and also noted that it does not regulate or supervise most practices in which blockchain technologies are being used, such as cryptocurrency offerings and token offerings.
  • Recent Measures to Support Financial Stability in Turkey

    The Banking Regulation and Supervision Authority (the “BRSA ”) and the Central Bank of the Republic of Turkey (the “Central Bank ”) introduced certain legislative changes, to support financial stability and sustain the effective functioning of markets, following the plunge in the value of Turkish Lira.>
  • Non-liability of the Shareholders and Piercing the Corporate Veil

    1.      Introduction
  • Non-liability of the Shareholders and Piercing the Corporate Veil

    1.      Introduction
  • Quarterly Update on Trade Defense Cases in Turkey, June 2018

    In Turkey, the authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio , is given to the Ministry of Economy ("Ministry"). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.