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ARTICLE · 28 JANUARY 2019

Mediation Now Mandatory For Monetary-Related IP Disputes

Gün + Partners
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Discretionary mediation was first introduced into the Turkish legal system in 2013 by Law No 6325 on Mediation in Civil Disputes as one of the alternative dispute resolution methods.

TurkeyLitigation, Mediation & Arbitration
Güldeni̇z Doğan Alkan
Güldeni̇z Doğan Alkan
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  • Mediation now mandatory for claims relating to commercial receivables
  • As civil suits falling under IP-related codes are considered as commercial actions, mediation is now mandatory for certain types of IP disputes
  • It is expected that mediation will become mandatory for other types of IP disputes

Discretionary mediation was first introduced into the Turkish legal system in 2013 by Law No 6325 on Mediation in Civil Disputes as one of the alternative dispute resolution methods. Then, in 2018, it became mandatory for labour-related disputes.

Recently, mediation became mandatory in relation to claims for commercial receivables under the Code of Commencement of Execution Proceedings in Monetary Receivables Arising from Subscription Agreements ('the code'), which was published in the Official Gazette on 19 December 2018. Pursuant to Article 20 of the code, Article 5/A was incorporated into the Turkish Commercial Code, which now requires mediation for claims

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