Withholding Tax Issue in Digital Advertising Services
For startup companies, adjusting technology to needs, or creating new needs, with the products and services they offer, and gearing up in our country day by day, one of the key elements is undoubtedly digital advertising activities. With the impact of the Covid-19 epidemic, being visible in digital environments has become the golden rule of …
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A New Tax Controversy: Valuable House Tax
In accordance with the Valuable House Tax (“VHT”) that is regulated through Law Numbered 7194 on the Digital Service Tax and the Amendment of Certain Laws and Law Decree Numbered 375 (“Law No. 7194”), and which is quite new and controversial to Turkey, households in Turkey whose tax value is more than TRY 5,000,000 are …
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Energy Performance Contracts as a Project Financing Method
The objectives of the Energy Efficiency Law[1] (“Law”), which was adopted in 2007, are listed as the efficient use of energy, prevention of waste, lowering the burden of energy costs on the economy, and increasing efficiency in order to protect the environment. In this regard, Article 3(1)(k) of the Law, defines energy efficiency as the reduction …
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Breach of Concordat by the Debtor
A concordat is a reconstruction agreement that is regulated under Articles 285-309 of the Execution and Bankruptcy Law (“EBL”), and aims to protect both the debtors in poor financial standing, as well as their creditors. Concordats had been applied in our country for a considerable time in the past; however, their popularity ceased after suspension …
Halliburton Decision on Apparent Bias: Violation without Consequences
The English Court of Appeal once reasoned, “Impartiality is the watchword of all tribunals, including arbitrators.”[i] This is indeed true. Arbitrators’ independence and impartiality, both in connection with the parties and the dispute itself,[ii] are fundamental to the arbitral process.
Parent-Subsidiary Liability Within the Scope of Foreign Corrupt Practices Act
Traditionally, with an aim to prevent corrupt practices internationally, pursuant to the Foreign Corrupt Practices Act (“FCPA”), offering anything of value to foreign public officials while performing their duties in order to gain commercial advantages are prohibited.
Actual Carrier in Carriage of Goods by Sea
Performance of the carriage of goods by someone other than the person who undertakes the carriage, both for inland and intentional carriage, is a common circumstance. This unique type of carriage by the sea resulted with the emergence of the concept of “actual carrier” due to its genuine nature and needs evolving over time. This …
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The Practice of Unforeseen Circumstance in EPC Contracts
In EPC Contracts, especially for the international ones, there is a long period between the finalization of the tender or the execution of contract and delivery of the work. It is a quite common situation, in practice, with EPC Contracts that various events arise that were not present and/or unforeseeable when the bid was made or …
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Administrative Supervision of Advertisements in Light of Advertisement Board Decisions
Advertising, which has existed since the beginning of trade between people, is a marketing element that we encounter today on television, internet, radio, all kinds of social media tools, on the street; in other words, in all areas of life.
Bahram Vakil and Nilang Desai explain the new proposed India Pre-Pack legislation
India is about to introduce new Pre-Pack legislation with an interesting approach and blend, giving companies an option to have a debtor-led process before the company gets placed into the IBC creditor-led process.