Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 04 MARCH 2019

The New Dispute Resolution Method For Commercial Disputes: Mandatory Mediation

ELIG Gürkaynak Attorneys-at-Law
ELIG Gürkaynak Attorneys-at-Law
Contributor
ELIG Gürkaynak Attorneys-at-Law

ELIG Gürkaynak Attorneys-at-Law

ELIG Gürkaynak Attorneys-at-Law is an eminent, independent Turkish law firm based in Istanbul. The...

View firm profile
Explore more from ELIG Gürkaynak Attorneys-at-Law

The Law on the Procedure for Initiating Execution Proceedings based on Monetary Receivables Arising out of Subscription Agreements was published in the Official Gazette on December 19, 2018.

TurkeyLitigation, Mediation & Arbitration
Gönenç Gürkaynak
Gönenç Gürkaynak
Ceyda Karaoğlan Nalçacı
Ceyda Karaoğlan Nalçacı
Berat Ataseven
Berat Ataseven
Cansu Kavan
Cansu Kavan
Author LinkedIn connections

The Law on the Procedure for Initiating Execution Proceedings based on Monetary Receivables Arising out of Subscription Agreements ("Law No. 7155") was published in the Official Gazette on December 19, 2018. The Law No. 7155 introduces new rules for different legal subject matters, including (but not limited to) the execution and bankruptcy law, concordatum, and mandatory mediation.

The codification method of the Law No. 7155 can be characterized as quite unusual, given the fact that Article 1 of the Law No. 7155 describes the purpose of this law simply as "regulating the procedures and principles for the initiation of execution proceedings based on subscription agreements," whereas the Law No. 7155 also incorporates a number of articles amending various other laws at the same time. To that end, one of the most eye catching modifications brought forth by the Law No. 7155 concerns the Turkish Commercial Code No. 6102 ("TCC") and the Civil Mediation Law No. 6325 ("Law

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The Competence-Competence Principle

The competence-competence principle grants arbitral tribunals the authority to determine their own jurisdiction, including questions about the validity and scope of arbitration agreements. This article examines how Turkish law implements this fundamental arbitration doctrine through statutory provisions and judicial precedent, analyzing the balance between arbitral autonomy and judicial oversight in both domestic and international arbitration proceedings.
TurkeyLitigation, Mediation & Arbitration
Kesikli Law Firm
Kesikli Law Firm
Article

Recognition And Enforcement Of Foreign Judgments In Turkey 2026

This article examines the recognition and enforcement of foreign court judgments in Turkey. It considers finality, reciprocity, jurisdiction, public policy, service, documentary requirements, security and the relationship between enforcement permission and actual collection. The discussion distinguishes foreign judgments from arbitral awards and from decisions eligible for a separate administrative registration route.
TurkeyLitigation, Mediation & Arbitration
ONGUR & PARTNERS
ONGUR & PARTNERS
Article

Inheritance Fraud Lawsuits: Legal Nature, Requirements, And Litigation Process

Inheritance fraud (muris muvazaası) is one of the most common inheritance-related disputes in Turkish legal practice. It typically arises when a deceased person (the decedent) transfers real property to one heir by disguising what is, in reality, a gratuitous transfer (gift) as a sale or a contract of maintenance until death, with the intention of depriving the remaining heirs of their inheritance rights. Although such transactions appear legally valid on their face, they do not reflect the parties' true intentions and are therefore evaluated under the legal principles governing sham transactions (muvazaa).
TurkeyLitigation, Mediation & Arbitration
Sakar Law Office
Sakar Law Office
Article

Dispute Resolution In Türkiye 2026

This article examines litigation, arbitration and mediation as distinct but connected methods of resolving cross-border disputes involving Türkiye. It considers jurisdiction, service, security for foreign claimants, arbitral consent, institutional procedures, mandatory mediation and the enforcement of outcomes. The statutory and treaty framework is read alongside the judicial authorities cited in the manuscript.
TurkeyLitigation, Mediation & Arbitration
ONGUR & PARTNERS
ONGUR & PARTNERS
Article

A New Era For Children And Gaming In Turkey: Understanding Law No. 5651’s 2026 Amendments For Providers And Platforms

On April 2 2026, the Turkish Grand National Assembly’s (“TBMM”) Health, Family, Employment, and Social Affairs Commission approved a transformative set of amendments to Law No. 5651 on the Regulation of Publications on the Internet and Combatting Crimes Committed by Means of Such Publications (“Law No. 5651”), which were published in the Official Gazette of May 1, 2026.
TurkeyMedia, Telecoms, IT, Entertainment
ELIG Gürkaynak Attorneys-at-Law
ELIG Gürkaynak Attorneys-at-Law
Article

Turkish Competition Board Finds No Infringement In A101 And CarrefourSA Parallel Pricing Investigation

The investigation originated from a series of consumer complaints submitted from late 2023 onwards, which pointed to identical or closely aligned prices for products such as eggs, yoghurt, rice, butter and wafers across several national grocery retailers. The complaints also alleged that price increases were frequently implemented on the same or nearby dates.
TurkeyAntitrust/Competition Law
ELIG Gürkaynak Attorneys-at-Law
ELIG Gürkaynak Attorneys-at-Law
Article

Navigating The AXA/Denizbank Decision: The Boundaries Of Exclusivity, Non-Compete, And No-Poaching Obligations In Bancassurance Agreements

The Turkish Competition Board’s (“Board”) recent decision involving the negative clearance and exemption application of AXA Sigorta AŞ (“AXA”) concerning the Non-Life Insurance Agency Agreement (“Agreement”) concluded with Denizbank AŞ (“Denizbank”) and Deniz Finansal Kiralama AŞ (“DFK”) serves as an important decision in Turkiye’s non-life insurance and bancassurance markets (“Decision”).
TurkeyCorporate/Commercial Law
ELIG Gürkaynak Attorneys-at-Law
ELIG Gürkaynak Attorneys-at-Law