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Newsletter 2017

Newsletter 2017



Sayfa Sayısı
:  
497
Kitap Ölçüleri
:  
16*24
Basım Yılı
:  
2018
ISBN NO
:  
978-605-152-737-6

67,00 TL











We are honored to bring to you our new book "Newsletter 2016". Since 2010, at the end of each year we compiled the articles that are posted monthly on our website in a book to allow our readers an outlook on the year's key legal developments. This book of articles now published for the seventh year, has attracted growing attention from our clients, business partners and fellow practitioners over the years. While the book was well received by many of the readers, we are highly encouraged to keep the impetus and further develop and expand our work. It is a pleasure to see that the articles are frequently cited in a number of scientific studies and they are now considered reliable academic resources. This gives us pride and even greater motivation. We continued the tradition of the past years for this publication of Newsletter 2016. In 2016, our team wrote on a wide variety of legal disciplines some of which are in new areas of law developed in parallel to meet the needs of the today's business. Further we did not leave out the importance of comparative law and our team researched on the developments in foreign legislations including the European Union. In this seventh book, you will find articles on corporate law issues implementation of which we intend to shed some light on such as abuse of exercise of dominant position in joint stock companies, the concept of "important reason" in share transfer restrictions and the right to request information of the board directors. The increase in Public-Private Partnerships (PPPs) in the recent years inspired us to write about our considerable experience both in Turkey and a recent PPP in Ecuador where we acted as advisors from a comparative law perspective. Our team wrote extensively on the much discussed contemporary issues in competition law this year such as the cinema services sector report, passing-on defense and indirect purchaser rule in compensation claims, and price/margin squeezing and decisions of the Turkish Competition Board on the Association of Electricity Distribution System Operators (Elder) and Yemek Sepeti, an online food takeaway company. As a GAR100 listed law firm with a proven track record in international arbitration, it was inevitable for us to write on the landmark decision of Swiss Supreme Court for stay of the arbitration pending compliance with multi-tiered arbitration clause. In 2016, we witnessed a lot of amendments introduced to arbitration rules. Therefore our arbitration team enjoyed writing on Istanbul Arbitration Center (ISTAC) Rules, ICC Rules on expedited procedure and document production requests under the IBA Rules. In energy law, we particularly focused on writing a series of articles on the legislative amendments made in the licensed and unlicensed energy generation facilities and renewables. As customary over the years, we wrote on contemporary issues in capital markets, contract law (law of obligations), labor law and affairs, intellectual property, civil law and bankruptcy and collection litigation as well as tax law. The chapter on Legal Developments provides a global insight into material developments in international agreements, laws, regulations, communiques as well as a synopsis of the decisions of the Turkish Competition Board and the Privatization Authority, and a list of energy legislation made effective in 2016 and extracts of key court precedence. We believe that this last chapter portrays an executive look on legal developments of 2016.(ÖNSÖZDEN)


 


SUMMARY OF CONTENTS


 


COMMERCIAL LAW


Consequences of Non-Attainment of Guaranteed Minimum Order in Agency and Distribution Contracts


Escrow Agreement in Turkish Law and Its Application in Mergers & Acquisitions


Transfer of Assets in Company Spin-offs


Unlawful Exercise of Dominance


Cross Shareholding in Group of Companies


Important Principles regarding Dividends in Joint Stock Companies


Lifting the Corporate Veil: An Exceptional Concept of the Shareholders' Limited Liability Principle


Options and Similiar Rights of Shareholders in respect of the Shares of Joint Stock Companies


Non-Compete Clauses in Share Transfer Agreements Review of the Court of Cassation's Decision


Important Reason in Terms of Share Transfer Restrictions


Indemnity Clauses under Share Purchase Agreements


Right to Request Information and Examination of the Members of the Board of Directors


Single Shareholder Joint Stock Companies


Share Transfers in Limited Liability Companies


Latest Amendments to the Turkish Commercial Code and the Law on Cheques


 


PUBLIC PRIVATE PARTNERSHIP (PPP)


Healthcare PPP Projects: Funders' Direct Agreements


Healthcare PPP Projects: Payment Capacity of the Ministry of Health


A Brief Comparison between Ecuadorian and Turkish Public-Private Partnership Arrangements


 


COMPETITION LAW


Cinema Services Sector Report of the Competition Authority


Passing-On Defense and Indirect Purchaser Rule in Compensation Claims Arising from Competition Law


Price/Margin Squeeze


Recent Problems in Electricity Distribution Sector: ELDER Decision


Confidentiality of Written Communications between Lawyer and Client In Accordance With Dow Decision


European Commission Preliminary Report on the E-commerce Sector Inquiry


Footsteps of "MFN" Practice in Turkey: Yemek Sepeti Decision


State Aid in Turkish Competition Law


Tüpraş Decision and the Rebate Systems


 


ARBITRATION LAW


Swiss Supreme Court Decided Stay of the Arbitration Pending Compliance with Multi-tiered Clause


Istanbul Arbitration Center Rules of Arbitration


ICC Rules on Expedited Procedure


Soft Law in International Arbitration


Document Production Requests in International Arbitration and Due Process Concerns


Document Production Requests pursuant to IBA Rules on the Taking of Evidence in International Arbitration-I


Document Production Requests pursuant to IBA Rules on the Taking of Evidence in International Arbitration-II


Promoting Settlement in International Arbitration


Expert Witnesses in International Commercial Arbitration


Consent to Arbitrate in Investment Arbitration


The Recent Philip Morris v. Uruguay Decision


 


CAPITAL MARKETS LAW


Share Buy-Back by Listed Corporations


Financial Reporting Principles of Mutual Funds


Recent Developments Regarding Alternative Investment Funds in Europe


 


LAW OF OBLIGATIONS


Legal Liability of Banks as Trustworthy Institutions


Organizational Liability Added to Art. 66 of the Turkish Code of Obligations Regarding Employer's Liability


Can Errors in Predicting Future Facts Be Considered Fundamental Errors?


Contractual Penalty under Turkish Law


The Code on Movable Pledges and Its Innovations


Financial Sale and Lease Back


The Obligation of Lessee to Return or to Purchase the Leased Property under the Financial Lease Agreements


 


ENERGY LAW


Proposed Exposure Draft to Amend the Regulation on Unlicensed Electricity Generation


Significant Amendments to the Unlicensed Electricity Generation Regulation


Key Points Regarding the Regulation on Certification and Support of Renewable Energy Resources


Key Points Regarding the Draft Regulation on Renewable Energy Resource Areas


Regulation on Renewable Energy Resource Areas Entered into Force


 


LABOR LAW


New International Workforce Law and New Horizons for Foreign Employment in Turkey


Draft Law Regarding Temporary Employment Relationship and Private Employment Agencies


Amendments to the Labor Law Introduced by Law Numbered 6663


Workplace Practices


Draft Law on Labor Courts


Entitlement to Overtime Payment


 


INTELLECTUAL PROPERTY LAW


Prevention of Intellectual Property Rights Infringements through the Internet


Industrial Property Law Bill


 


LAW OF CIVIL PROCEDURE AND ENFORCEMENT AND BANKRUPTCY


Establishment, Structure and Functioning of Regional Courts of Appeal


Challenging Decisions of the Regional Courts of Appeal


Recent Decision of the Court of Cassation on the Forfeiture of the Right to Submit Evidence When the Respondent Fails to Submit its Statement of Reply


Concordat as an Alternative to Suspension of Bankruptcy


 


TAX LAW


Dismissal of Tax Penalties


Information Exchange under Turkish Tax Law


Latest Amendments to the Stamp Tax Law


 


MISCELLANEOUS


Personal Data Protection under Turkish and European 


Legislation-II


UEFA Financial Fair Play Regulations


Termination of Subscription Agreements


 


LEGAL DEVELOPMENTS


Important International Agreements


Important Council of Ministers Resolutions


The Grand National Assembly of Turkey Decisions


Important Changes and Developments in Laws


Important Changes and Developments in Regulations


Important Changes and Developments in Communiques


Important Changes and Developments in General Communiques


Important Changes and Developments


Important Legislation and Decisions regarding Competition


Important Legislation and Decisions regarding Mergers and Acquisitions


Important Publications and Decisions regarding Privatization


Important Changes and Development regarding Energy Law


Important Case Law and Other Important Decisions