TUNCA ATTORNEY PARTNERSHIP > Ankara, Turkey > Firm Profile

TUNCA ATTORNEY PARTNERSHIP
YILDIZEVLER MAHALLESI
738. CADDE, ZIRVE SITESI NO: 2-B BLOK 06550 ÇANKAYA
ANKARA
Turkey

Turkey > Employment Tier 4

Turkey > Energy Tier 4

In addition representing energy and mining companies in disputes, TUNCA ATTORNEY PARTNERSHIP also advises on large transactions concerning oil and gas, renewable energy, and power plant projects. The ‘outstanding’ Sidar Tunca heads the team alongside Ayşegül Filiz and Serhat Bayraktutan. The team combines its expertise in competition law, banking and finance, and arbitration to assist clients with the full range of energy and mining related issues.

Practice head(s):

Sidar Tunca; Ayşegül Filiz; Serhat Bayraktutan

Testimonials

‘Sidar Tunca is one of the key members in the mining sector with his knowledge, experience, and ability to find alternative solutions.’

‘The firm has a great understanding of the relevant markets in the area of wind energy.’

‘Sidar Tunca has outstanding legal expertise and excels in client relations.’

‘Serhat Bayraktutan is an excellent lawyer. He delivers high quality and is always responsive.’

‘The team is thorough, experienced and hardworking. They kept us informed regularly throughout the process, ensuring we were always up to date with the latest developments. Their extensive knowledge of energy market instilled a sense of competence and expertise that was instrumental in achieving a favourable outcome.’

‘Sidar Tunca stands out for his knowledge, his guidance, his accessibility, and his organized time management.’

Key clients

Republic of Turkey Ministry of Energy and Natural Resources – Directorate General of Energy Affairs

Tüprag Metal ve Madencilik San. Tic. A.Ş.

Öksüt Madencilik Sanayi ve Ticaret A.Ş.

Universal Wind Enerji Elektrik Üretim A.Ş.

Albedo BS Elektrik Üretim A.Ş.

Alacer Gold Madencilik A.Ş.

ITC-KA Enerji Üretim San ve Tic. A.Ş.

Yayla Gmc Solar

Özaltın İnşaat Enerji A.Ş.

Atomenergoremont PJSC

Zenit Madencilik San. ve Tic. A.Ş.

Bayerische Landesbank

Caba İnşaat Enerji Turizm Sanayi ve Ticaret Anonim Şirketi

Work highlights

  • Advised the Republic of Turkey Ministry of Energy and Natural Resources on the construction of new units for a thermal power plant in Afşin Elbistan.

Turkey > Dispute resolution Tier 5

TUNCA ATTORNEY PARTNERSHIP handled a steady stream of administrative law cases over the past year, including tax, environmental and energy-related matters. On the commercial litigation front, the group is particularly robust in the construction and energy spheres. The ‘solution-orientedSidar Tunca co-heads the team in conjunction with Ayşegül Filiz and Serhat Bayraktutan.

Practice head(s):

Sidar Tunca; Ayşegül Filiz; Serhat Bayraktutan

Testimonials

‘The team is composed of very reputable and experienced people, who are really good at their work. The firm’s presence in three big cities is an advantage and it provides excellence service.’

‘Sidar Tunca is the brain of the team and can find alternative ideas to defend clients. He is also experienced.’

‘The fact that Tunca Attorney Partnership is always accessible, has a team of experienced lawyers, and provides the most accurate legal opinion to our questions as soon as possible is very valuable to us.’

‘Sidar Tunca was solution-oriented, collaborative, and highly skilled throughout the time we worked with him. We did not encounter any communication difficulties with him, and he was highly accessible throughout the entire legal support process.’

‘Lawyers are very professional and are always on top of the cases; we get reports on a constant basis.’

‘The team is thorough, experienced and hard-working. It kept us informed regularly throughout the process, ensuring we were always up-to-date with the latest developments. Its extensive knowledge of dispute resolution was instrumental in achieving a favourable outcome.’

‘Tunca Attorney Partnership showed great effort on our case and achieved great success. I can emphasise not only the team’s knowledge about the business, but also its communication skills.’

‘The services provided by Tunca Attorney Partnership were good and fit for the purpose. Associate Ulaş Ünsalan understands the needs of our company and does his best to reach the most favourable outcome with a result-oriented approach.’

Key clients

Tüprag Metal Maden. San. Ve Tic. A.Ş.

Alacer Gold Madencilik A.Ş. (subsidiary of Anagold group of companies)

WYG International Danişmanlik A.Ş.

Abdi İbrahim İlaç San. Ve Tic. A.Ş.

Zenit Madencilik San. Ve Tic. A.Ş.

Farma-Tek İlaç San. Ve Tic. A.Ş.

Info Agro Gida Ürünleri İhtiyaç Maddeleri San. Ve Tic. Ltd. Şti. (subsidiary of Yayla Agro Gıda San. ve Nak. A.Ş.)

Caba İnş. Ener. Tur. San. Ve Tic. A.Ş.

ICC Grup İnş. A.Ş.

Dolugaz Depolama Lpg Pet. Ürü. San. Ve Tic. Ltd. Şti. (subsidiary of Lokal Enerji group of companies)

Kur İnşaat A.Ş.

Salamander Group

Elvan Gida San. Ve Tic. A.Ş.

Acacia (subsidiary of Akfen Altyapi Holding)

Work highlights

  • Advised international companies in different sectors on contentious matters, including WYG International Danışmanlık.
  • Advised several mining companies, such as Tüprag Metal ve Madencilik, Alacer Gold Madencilik and Zenit Madencilik, on expropriation and litigation matters.

TUNCA ATTORNEY PARTNERSHIP was founded in 2006 by Sidar TUNCA. The firm is based in Ankara and our network also consists of partner offices in significant locations in Turkey such as Istanbul, Izmir, Bursa, Adana, and Antalya. Focusing mainly on litigation and consultancy services in the fields of energy law, mining law, construction law, labour law, and project finance, our team is dedicated to providing tailor-made legal services to our clients in a diligent manner.

TUNCA has more than 20 lawyers diversely specialized in various areas of law and a professional support team. Our team provides legal services in English, Turkish, Russian and German. TUNCA also has an international network consisting of correspondent law firms and consulting companies acting in various jurisdictions such as Gulf countries, Europe, Russia, the UK, the USA, and the Middle East. In its constant effort to enhance and excel at its legal service, stretching from counseling to litigation, TUNCA acts as per its principle of providing high-quality services with dynamism and an in-depth understanding of the client’s changing needs.

TUNCA advises a broad spectrum of government institutions and enterprises and their stakeholders, ranging from medium-sized owner-managed businesses to large public companies and multinational corporations. Particular focus is related to PPP Projects, energy, and natural resources, corporate and commercial, and dispute resolution including ADR.

Areas of practice
Energy and Natural Resources: TUNCA advised some of the major transactions in the energy sector in Turkey. Our expertise covers all aspects of sustainable power plant projects, oil, natural gas, and mineral industries, including renewable energy projects such as Hydroelectric Power Plants (HEPP), Wind Power Plants (WPP), and Solar Power Plants (SPP).

In light of the European Green Deal, TUNCA gives importance to renewable energy sources as well as nuclear power plants.

We represent a broad range of interests in the energy sector such as generators, gas and energy traders and marketers, energy service providers, pipeline companies, industri­al and commercial customers, investors, public entities, and others in connection with the structuring, financing, regulatory approval and operation of power plants, energy market-related contract law, regulatory matters, compliance, and litigation.

TUNCA plays an active and integral role in the preparation of energy projects in compliance with the legislation, issuing licenses and solving the problems experienced by its clients, and provides fast and effective solutions to legal issues arising with EMRA and TEİAŞ.

Providing consultancy services to important projects in the field of energy, our team has notably been the consultant of the Ministry of Energy and Natural Resources throughout the YEKA PPP-1 Project. It is the largest planned wind farm project in Turkey, in terms of preparation of administrative and technical specifications, as well as conducting negotiations with the project contractor, preparing direct contracts, and executing financing procedures thus supporting Turkey’s sustainable energy investments in legal terms.

Construction and Zoning Law: TUNCA’s expertise in construction covers Build-Operate-Transfer projects, public and private tenders, concession contracts, joint ventures, construction contracts, subcontracts, license agreements, project management agreements, operational management agreements, contract administration, claim management and, where necessary resolving disputes through court litigation. The legal counseling provided by our experts assists clients through all phases from development to completion of real estate and infrastructure projects, including large-scale ones, implemented in various regions of Turkey.  TUNCA also provides legal consultancy services in areas such as zoning projects within the scope of zoning law and zoning disputes that arise with the management of the process of approval of these projects.

Commercial, Corporate, and M&A: TUNCA successfully manages the incorporation and restructuring procedures of its client companies. We also respond to our clients’ day-by-day corporate needs and compliance issues by providing them with both oral and written legal advice. Thereby, TUNCA consistently helps its foreign clients being in compliance with Turkish law and protects them from unexpected damages arising out of incompliance with the current legislation. Our team also advises on merger and acquisition transactions by combining the expertise in conducting comprehensive due diligence processes, granting the necessary permits from the related governmental bodies such as the Competition Board, and diligent follow-up of the legal and administrative procedures. One of the subtle differences of TUNCA is its ability to adapt to changes and find innovative, effective, and solution-oriented approaches to its clients.

Labour Law: It is one of the most substantial practice areas of TUNCA. Our labour law team provides services to the Client in a timely manner by taking the applicable laws and regulations, recent judicial practice, and legal doctrine covering all aspects of the employer-employee relationship and intergovernmental agreements in this sphere into account. Partner Ayşegül FİLİZ heads the department which consists of experienced litigators and associates.

Intellectual Property and Telecommunications: We provide proactive and strategic advice on how companies can protect and enforce their intellectual property rights in copyright, trademarks, patents, trade names, domain names, design, and know-how. Our lawyers and trademark attorneys have extensive experience in telecommunication-related regulatory matters; negotiating and drafting intellectual property agreements, licensing agreements, transfer agreements of registered trademarks and patents, technical assistance agreements, technology transfer agreements, management agreements, distribution agreements, and franchising agreements.

Banking & Finance and Tax Law: TUNCA has advised on many significant financings for decades in the MENA and EUROPE region. We specialize in transboundary financings and provide industry specialization and expertise which is a crucial asset for us. Our banking, finance, and Tax practice can help you handle national and multina­tional challenges, with deep-rooted expertise in the framework of banking, finance, and tax law.

What differentiates us is our background of providing outstanding capital markets advice in different markets, which appears to be fresh thinking and unique solutions. For many years, we have accumulated substantial institutional knowledge and expertise while advising on a lot of securities transactions around the region. As it is known, due to the comprehensive nature of this field, banking and finance transactions require a wide range of expertise in different sectors. With our well-versed and multi-disciplinary team, Tunca can handle these transactions as smoothly as possible.

Our clients consist of the leading national and multinational companies in the market, including commercial banks, international financial institutions, lenders, and borrowers. We provide a 360-degree vision to the table to come up with innova­tive solutions to get your financing closed.

Public Offerings: Capital markets require vast knowledge and experience in both financial systems and legal and technical frameworks for smooth and efficient transactions in the market. TUNCA covers these requirements with its expert team and assists its clients on legal and administrative levels for due diligence and compliance with the Capital Markets regulations during public offering processes. Preparation of the articles of association agreement, clarification of the concession matters, and application process to the Capital Markets Board are some of the services provided in the field.

TUNCA provides consultancy services in determining the most appropriate time for the public offering, creating the public offering structure in accordance with the public offering history, and predicting the evaluations that can be made by the Capital Markets Board and Borsa Istanbul regarding the price determination report to be prepared by the intermediary institution. Moreover, TUNCA also provides the necessary legal services to its clients in solving problems and ensuring the compliance of the corporate structure of the Company with the legislation in capital markets. In the issuance or public offering of capital market instruments, consultancy services are provided regarding the preparation process of the prospectus for investors, the necessary applications for the approval process, and the follow-up services for the finalization of the procedure.

Public Procurement Law:  TUNCA is recognized for its Public Procurement Law practice. Legal services are provided to meet the needs of clients both during the tender process and after the conclusion of the administrative proceedings. Our team ensures the preparation and execution of the tender procedure regarding all applications in its entirety before the contracting authority, the relevant administrative bodies, and the Public Procurement Authority. We also provide legal consultancy services on a wide range of subjects and disputes related to tender processes exam­ining the tender specifications, post-tender procedures, resolving legal problems with the contracting authority, administration, application to the High Technics Board, disputes arising from tender contracts, prohibition from public tenders, exclusion from tender, termination of tender, and completion of post-tender transfer procedures.TUNCA currently supports many of its corporative clients in the execution of the tender processes, filing of the necessary complaints, and searching for remedies, as well as in the follow-up of the litigation processes of the disputes brought before the judicial authorities.

 

Department Name Email Telephone
Energy and natural resources Sidar Tunca sidartunca@tuncahukuk.com +90 312 427 24 02
Corporate, mergers and acquisitions Sidar Tunca sidartunca@tuncahukuk.com +90 312 427 24 02
Construction and real estate Sidar Tunca sidartunca@tuncahukuk.com +90 312 427 24 02
Dispute resolution: litigation and mediation Serhat Bayraktutan tuncahukuk@tuncahukuk.com +90 312 427 24 02
Intellectual property and telecommunications Ulaş Ünsalan ulasunsalan@tuncahukuk.com +90 312 427 24 02
Labour Law Ayşegül Filiz aysegulfiliz@tuncahukuk.com +90 312 427 24 02
Photo Name Position Profile
Serhat Bayraktutan photo Serhat Bayraktutan Managing Attorney
Ayşegül Filiz photo Ayşegül Filiz Partner & Head of the Civil Jurisdiction Department
Sidar Tunca photo Sidar Tunca Founding Partner
Turkish
English
Russian
German
ICC Turkey
RAA

 

CLIENT: Gül Özdinç, Chief Legal Counsel
COMPANY/FIRM: OMV Samsun Elektrik Üretim San. ve Tic. A.S.
TESTIMONIAL: We have been working with Sidar Tunca since 2007. He advised some of our major projects including OMV Samsun Electricity Natural Gas Combined Cycle Power Plant, constructed by over 600 million Euros and has 890 MWe power capacity. Sidar is not only very experienced lawyer, but also entirely devoted to his clients and their needs.


CLIENT: Serdar Bacaksiz, Member of Board of Directors
COMPANY/FIRM: LIMAK, Limak Enerji Ticareti A.S.
TESTIMONIAL: Tunca Law Office handles our corporate matters since 2012. As a group of companies with many investments abroad, our construction and energy projects require effective solutions often concerning more than one jurisdiction. Tunca Law Office provide us with top tier international law firm quality service in proactive and timely efficient manner.


CLIENT: Cihan Kamer, Chairperson of Board of Directors
COMPANY/FIRM: ATASAY HOLDING
TESTIMONIAL: Sidar Tunca and the law office leaded by him handled many of our business transactions. He is reliable and trustworthy, knows our company and our business and present us effective solutions.


CLIENT: Ali Özdogan, Member of Board of Directors
COMPANY/FIRM: ÖZDOGAN GROUP
TESTIMONIAL: Precise, result oriented, innovative and devoted that is how we can describe Tunca Law Office’s team. They provide Özdogan Group of companies with legal consulting services on matters related to Energy law, Trade law, Construction and Employment Law and represent our interests in many litigations. When you lead group of companies operating in different industries the last you need to hear from your lawyer is “ it is not possible”, Sidar Tunca’s approach is “we can do” and that makes him the preferred legal adviser for us.

 

Sidar Tunca, Founding Partner

Founding and Managing Partner Sidar Tunca, explains how the Firm is adapting to its growth strategy and clients’ changing needs.

 

1) What do you see as the main points that differentiate TUNCA ATTORNEY PARTNERSHIP from your competitors?

First and foremost, in a world that constantly evolves into an integrated system with each passing day through globalization and constantly developing technology, being able to adapt quickly and swiftly to the changing conditions and emerging innovations in the world is among the essential points that distinguish us from our competitors. It is very important for us to provide a fast and effective response mechanism to the changing demands of our clients under any and all circumstances. In addition, the utmost importance we attribute to a well-established and constantly-enhancing human resources, which can arguably be regarded as the most significant element in the success of a law firm, sets us apart from other firms. The enriching perspective provided by the diversity of our employees plays an active role in the quality of our services. Another important factor that differs us from other law firms is our ability of spot-on problem analysis with the correct problem determination and proper risk analysis process. In this regard, we anticipate, calculate and manage the risk involved in a legal issue, and accordingly, we take the appropriate measures immediately and stay in constant communication with our clients by producing innovative and creative solutions to the legal problems identified that defy the conventional wisdom. Moreover, we have a special team for daily follow-up of the Official Gazette, the regulatory authorities’ websites and other channels for legislation amendments. We make regular follow-up of the legislations related to our clients’ activities and we summarize notable amendments in tailor made memorandums and bulletins for them. Last but not least, we see all of our clients as part of the “Tunca Attorney Partnership” family and stand by them no matter what business difficulties they face. This approach is one of the most important features that sets us apart from our competitors.

 

2) Which practices do you see growing in the next 12 months? What are the drivers behind that?

Arbitration has become a practice that is appealed to and carried out very frequently in commercial and business disputes in Turkey in the recent years. In addition, considering Turkey’s strategic position and its emerging economy; renewable energy, banking and mergers-acquisitions are topics that will always be in demand.

In the next 12 months, blockchain technology and the smart contracts will accordingly develop, and legal consultancy services will thus evolve into a nature with more accessibility, data integrity and transparency, automation and reduced costs in the sector. Again, in the next 12 months, the use of personal data protection, cyber security, cryptocurrencies, artificial intelligence in law will become widespread and the reflections of innovative approaches in informatics law will begin to take a common place in practice. Besides, considering the expanding energy demand because of blockchain technology and the spreading use of electric vehicles, as well as the energy demand required by ever-evolving technology to meet the expanding demand in a sustainable way, the number of large-scale projects on renewable energy sources will also be continued to rise in the next 12 months. In this regard, our main practice areas, energy and project finance will also continue to grow substantially over the next year.

In addition, construction law will also be one of the areas of law that continues to gain importance in Turkey. As a result of the devastating earthquakes in Turkey, real estate law and construction law issues will remain to be on the top of the agenda for a long time. As always, “Tunca Attorney Partnership”, which has a team of experts in the field of tender, city planning, and construction law, will be the proper address to provide legal consultancy and support to companies participating in tenders for the construction of new buildings and living zones.

As a result of globalization, issues related to consortiums, joint-ventures and all kinds of company partnerships, mergers and acquisitions will continue to remain on the legal agenda in order for companies to achieve their goals, to carry out their activities with international characteristics, and to achieve the optimum level of profitability and efficiency.

 

3) What’s the main change you’ve made in the firm that will benefit clients?

The internationalization of our legal services has become one of our major priorities in the last years and its topicality in our firm is gaining further importance with every single day passing. This is due to the demands of our clientele whose position and importance has elevated into the international sphere. With their practices internationalizing, we, as our clients’ supporters see our duty of providing qualified legal services of international standards. Therefore, we put a lot of effort in acquiring in-depth knowledge regarding general legal systems of various countries including common law jurisdictions. In addition, we have established communication mechanisms that enables our clients to reach our law firm 24/7. We have enabled our clients to receive top-quality service at any moment and under any circumstances.

We also developed our international law department, which we had previously established. We provide specially tailored consultancy that we named “several countries – one office”. To illustrate, our client company representative comes to our Ankara office and there receives update on ongoing litigation in Turkish courts; advising, concerning his trading activities in Russia by Russian lawyers; conducts consultations via videoconference with lawyers in Paris or Washington for his pending arbitration case in ICC or ICSID, without having to travel to different countries for this. This saves both time and cost for our clients.

 

4) Is technology changing the way you interact with your clients, and the services you can provide them?

Surely it does. Although the legal industry, which is essentially a conventional one, is in general quite persistent to the adoption of technological innovations, we manifest in this regard our difference within the sector with our openness to innovation. Therefore, integrating facilitative solutions provided by developing technologies into our practice is a sine qua non for us. The efficient and smart utilization of technological means is not only favorable in regards of corporate organization but also comes quite handy in the communication with our clients. In this context, while we offer services to our clients in a more effective and faster manner through the up-to-date legal automation programs we deploy in our firm, our clients can also access our legal services whenever they want via these programs. Accordingly, our bond and relationship with our clients, which is based on mutual trust, is strengthened and cemented.

We also value the efficiency of distributing information via social media and e-mail client alerts. We frequently share new legislation, changes in law, precedents and other relevant developments so that our clients can take early action to avoid finding themselves in conflict with or contravention of them.

 

5) Can you give us a practical example of how you have helped a client to add value to their business?

For instance, operations of one of our client’s hydroelectric power plant (HPP) was suspended due to the annulment of their environmental impact assessment (EIA) report. Once we started to cooperate with them, we revised their EIA in accordance with current legislation in force. Thereafter, we succeeded to obtain an affirmative EIA report for the HPP, so that our client became able to resume operating the HPP.

However, we invest efforts to change the perception of the lawyer as “emergency worker coming for lifesaving operations”. While the conglomerates take into account the importance of the strategic business legal consultancy, the middle sized enterprises or family companies still rely on their in-house counsels to handle all legal issues and seek established law firms only when, for instance, their operations are suspended. In regards of the example herein, before the EIA for the HEPP was canceled, the EIA could have been revised in accordance with the legal conditions and we could have protected our client from loss of profit during that time period. In this respect, as we know well the business of our permanent clients, we follow and regularly provide them with analysis on all legislation amendments regarding their business sector to keep them in compliance with the current legislation. Thus, we help them better via navigating them in the changing and complex legal environment.

 

6) Are clients looking for stability and strategic direction from their law firms – where do you see the firm in three years’ time?

The maintenance and furtherance of the bond established between law firms and clients is based on ensuring credibility, for which both stability and strategic progress are indispensable. Therefore, it is impossible for a law firm to grow in a sustainable and systematic way without these two elements. Tunca Attorney Partnership, which is well aware of this matter of fact puts value on the preservation of continued exchange of ideas in order to maximize stability and specify strategic direction. Over the years, we have acknowledged and praised that sustainable success can only be achieved through dedicated, meticulous and patient planning. It is with great joy to observe that our patience is being awarded on a daily basis and that our clients can simultaneously benefit from it.

The amount of international and cross-border disputes that we handle gradually increase and our law firm’s interaction with global players is being admired by diverse circles. In this regard, we are convinced that international studies will further intensify its topicality in our practices and that, in cohabitation with our favorable geographical position and our vision, we will visibly succeed on the international sphere. As said above, this can only be achieved through determination and patience. We are looking forward to realizing this objective together with our expanding clientele. Thus, deriving our motivation and strength towards the future from our achievements and dedication to our clients, TUNCA Attorney Partnership envisages itself to be an eminent law firm that is widely-known and acclaimed for upholding the rule of law as the basis both verbally and spiritually, and carrying its national recognition for excellency into international legal arena. Furthermore, we aim to engage more actively in law-based projects of civil society organizations and international networks of professionals in the upcoming years.. We are also planning to realize an academy project with the support of the Tunca Attorney Partnership. This project aims to create an environment where university students can gather under one roof and organize organizations such as seminars, conferences, and training for law school students. In this way, we aim to contribute to the development of our future colleagues who will work in the field of law as Tunca.