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ARTICLE · 10 JANUARY 2019

Mandatory Mediation For Commercial Disputes

Commercial disputes are primarily described in Article 4 of the Turkish Commercial Code, though there are additional designations made under specific laws.

TurkeyLitigation, Mediation & Arbitration

Introduction

Law No 7155, formally titled "Law on the Procedure of Initiating Debt Enforcement Proceedings For Payment Claims Under Subscription Agreements" was published in the Official Gazette dated 19 December 2018 and numbered 30630 ( "Law No. 7155").

A substantial part of Law No. 7155 is de voted to regulating new rules and procedures for the initiation of enforcement proceedings for payment claims under consumer subscription agreements. These new rules will require substantial changes to the how enforcement claims towards consumers will need to be processed in the future.

While these changes are important and merit discussion in their own right, they are secondary to the paradigm shift that is introduced by Articles 20-23 of Law No. 7155, where certain commercial disputes are held subject to mandatory civil mediation effective from 1 January 2019 onwards.

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