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  • Article

    Scope Of The Notification Obligation Under Article 198 Of The TCC And Uncertainties In Practice

    Article 198 of the Turkish Commercial Code imposes notification obligations when shareholding ratios cross specific thresholds, yet ambiguities persist regarding who must notify, what information must be disclosed, and which types of share acquisitions trigger the requirement. This analysis examines whether natural persons qualify as undertakings subject to notification, whether indirect shareholders without control must report changes, and whether rights beyond ownership fall within the statute's scope.
    TurkeyCorporate/Commercial Law
    Kabine Law
    Kabine Law
  • Article

    Amendments On Capital Markets Law On Crypto Assets

    With the Law ("Law") No. 7518 on the Amendment of the Capital Markets Law published in the Official Gazette No. 32590 dated July 2, 2024...
    TurkeyTechnology
Kabine Law
Kabine Law
  • Article

    The EU AI Act – First Comprehensive Legal Framework For AI

    The European Union's (EU) proposal for a regulation on harmonised rules on artificial intelligence (AI)[1] was published back in April 2021 by the European Commission...
    European UnionTechnology
    Kabine Law
    Kabine Law
  • Article

    European Union Artificial Intelligence Act Entered Into Force: Impact On Türkiye And Turkish Actors

    The European Union Artificial Intelligence Regulation ("Regulation") started its European Union legislative journey with the proposal submitted by the European Commission on 21 April 2021...
    European UnionTechnology
    Kabine Law
    Kabine Law
  • Article

    FPS Application In Cases Involving Turkey As The Home State

    The full protection and security (FPS) standard is one of the essential protection standards of international investment treaties.
    TurkeyInternational Law
    Kabine Law
    Kabine Law
  • Article

    Pay-When-Paid And Pay-If-Paid Clauses In Subcontracting Construction Contracts

    This article briefly describes the practical operation of pay-when-paid and pay-if-paid type payment clauses, which are frequently encountered in construction projects and, accordingly, in construction contracts. In this piece, I will not go into the details of the doctrinal debates and will rather adopt a practical perspective.
    TurkeyReal Estate and Construction
    Kabine Law
    Kabine Law
  • Article

    Capital Markets Board Continues To Shape The Framework For Crypto Asset Service Providers

    Following the publication of the Law No. 7518 on the Amendment of the Capital Markets Law ("Law") published in the Official Gazette dated 2 July 2024...
    TurkeyTechnology
    Kabine Law
    Kabine Law
  • Article

    Transfer Of Substantial Part Of A Joint Stock Company’s Assets Under Turkish Law

    Wholesale of substantial part of a joint stock company’s assets require shareholders’ approval under Turkish Commercial Code numbered 6102 dated 13 January 2011 (“TCC”) art. 408/2(f). From a comparative law perspective, jurisdictions that impose shareholder approval requirement for transfers of corporate assets span a range of legal systems, such as Germany, Delaware, Switzerland, South Africa or Philippines. Such requirements are typically designed to protect shareholders’ interests and to ensure major transactions do not jeopardize the company’s ability to pursue its business.
    TurkeyCorporate/Commercial Law
    Kabine Law
    Kabine Law
  • Article

    Does Filing An Administrative Lawsuit Against The Administrative Fines Imposed By The Personal Data Protection Board Suspend Collection?

    As is known, pursuant to Article 18 of the Personal Data Protection Law No. 6698 dated 24 March 2016 (“Law”), titled “Misdemeanours”, the Personal Data Protection Board (“Board”) may impose administrative fines on data controllers and data processors in cases where the obligation to inform is not fulfilled, the obligations regarding data security are not complied with, the decisions rendered pursuant to Article 15 of the Law are not implemented, the obligation to register with and notify the Data Controllers Registry is violated, and the standard contracts—which must be among the appropriate safeguards required for the transfer of personal data abroad in certain circumstances—are not notified in accordance with the conditions set forth in the Law.
    TurkeyPrivacy
    Kabine Law
    Kabine Law
  • Article

    Amendments To Turkish Personal Data Protection Legislation Regarding The Transfer Of Personal Data Abroad

    Turkish personal data legislation has been substantially amended since March 2024. Especially, important legislative texts relating to the transfer of personal data abroad...
    TurkeyPrivacy
    Kabine Law
    Kabine Law
  • Article

    The Applicability Of Sanctions Imposed On Russia As Overriding Mandatory Provisions In Arbitration Proceedings

    The annexation of Crimea in 2014 and the invasion of Ukraine in 2022 by Russia triggered the expansion of unilateral sanctions, particularly by the EU and the US. These sanctions, designed to exert political and economic pressure, had significant repercussions for global commerce, extending their effects beyond sanctioning and sanctioned states to third-country nationals. In a globalized economy, no actor remains immune from the disruptions caused by armed conflict and sanctions. This reality raises complex questions for arbitration, especially in third States such as Türkiye, regarding the enforceability of contracts, applicability of foreign mandatory rules, and potential enforcement challenges.
    TurkeyInternational Law
    Kabine Law
    Kabine Law
  • Article

    Piercing The Corporate Veil Of State-Owned Enterprises

    The Olin v. Libya dispute centres on what once looked like a promising investment, a dairy and juice factory established in Libya’s capital, Tripoli during a window of economic openness in Libya. But all that was only temporary optimism. With an environment of mounting political instability, the Government of Libya in 2006 saw fit to expropriate this investment. This was the prelude to a lengthy and complex legal battle spanning years and jurisdictions.
    TurkeyLitigation, Mediation & Arbitration
    Kabine Law
    Kabine Law
  • Article

    Voluntary Carbon Markets And Carbon Credits

    Türkiye intends to peak its emissions at the latest in the year 2038 […] a step forward toward to long-term objective of achieving a net zero target by 2053.
    GlobalEnvironment
    Kabine Law
    Kabine Law
  • Article

    The Legal Mechanics Of Cross-Border Accelerated Bookbuilds

    Accelerated bookbuilds compress months of securities regulation into hours, activating Turkish disclosure rules, UK/EU market-abuse regimes, and U.S. private-placement frameworks simultaneously.
    TurkeyFinance and Banking
    Kabine Law
    Kabine Law
  • Article

    Determination Of The Law Applicable To The Merits Of The Dispute In International Arbitration

    Determining the law applicable to the merits of a dispute is one of the most critical aspects of international arbitration. It plays a key role in ensuring that disputes are resolved in a predictable and fair manner and that the arbitral award is ultimately enforceable.
    TurkeyLitigation, Mediation & Arbitration
    Kabine Law
    Kabine Law
  • Article

    Bonds In Construction Projects And Dispute Resolution

    Risk management is a critical aspect of international construction projects. One of the key tools used to manage risk in this context is the provision of bonds. It is common industry practice for employers to require contractors to provide bonds as security for potential risks and various obligations. This practice is also reflected in standard form construction contracts, such as those issued by the International Federation of Consulting Engineers (FIDIC), the New Engineering Contract (NEC) and the Joint Contracts Tribunal (JCT), which include provisions addressing different scenarios in which bonds may be provided.
    TurkeyReal Estate and Construction
    Kabine Law
    Kabine Law
  • Article

    The Res Judicata Effect Of Sports Arbitration Awards In The EU

    The Court of Justice of the European Union (“CJEU”) delivered its judgment in Royal Football Club Seraing SA v. FIFA, UEFA and URBSFA on 1 August 2025. The significance of the ruling lies in the CJEU’s conclusion that awards rendered by the Court of Arbitration for Sport (“CAS”) do not automatically produce a res judicata effect within the European Union (“EU”). Instead, EU courts must have the ability to review such awards for their compatibility with EU public policy.
    European UnionLitigation, Mediation & Arbitration
    Kabine Law
    Kabine Law
  • Article

    Shareholder Activism In Turkish Law

    The concept of shareholder activism is defined as activities carried out by shareholders to influence a company for various purposes. In this regard, shareholder activism may be conducted for a variety of purposes, such as influencing, directing, altering or improving a company’s shareholding and management structure, decision-making mechanisms, activities, policies, operations, strategies and performance; having a say in these matters; ensuring the company’s oversight and supervision; increasing the company’s market value; and strengthening its environmental, social and corporate governance (ESG) practices.
    TurkeyCorporate/Commercial Law
    Kabine Law
    Kabine Law
  • Article

    Arbitral Awards As Protected Possessions: The ECtHR’s Evolving Approach To Enforcement Under Article 1 Of Protocol No. 1 (Protection Of Property)

    The European Court of Human Rights has progressively expanded protection for arbitral awards under Article 1 of Protocol No. 1 to the ECHR, treating them as protected possessions. Through landmark cases spanning three decades, the Court has established that states cannot arbitrarily interfere with final arbitral awards through legislative action, prolonged non-enforcement, or unjustified judicial refusals to enforce.
    European UnionLitigation, Mediation & Arbitration
    Kabine Law
    Kabine Law
  • Article

    Delegation Of Decision-Making Powers To AI In Arbitration

    Artificial Intelligence tools are transforming arbitration practice, but their use by arbitrators raises critical questions about the delegation of decision-making powers. This article examines the emerging soft-law consensus, hard-law foundations, and a landmark Canadian court decision that annulled an arbitral award for improper AI delegation, establishing practical boundaries for AI assistance in arbitration.
    CanadaLitigation, Mediation & Arbitration
    Kabine Law
    Kabine Law
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