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The mediation procedures have become a mandatory stage of commercial litigations in Turkish Law as of January 01, 2019. After only 4 months of practice, it appears that the success rate of mandatory mediation procedures is %65, according to the data published by the Mediation General Office of Justice Ministry of Turkey. As the national mediation procedure seems to be useful thus far, Turkey took a new step and signed the United Nations Convention on International Settlement Agreements Resulting from Mediation be known as the “Singapore Convention on Mediation” (“Convention”), which provides enforceability to international mediation agreements, on August 07, 2019 in Singapore.

This time, our law firm marketing friends across CEE considered the following question: “What one part of your job would you most appreciate having more help with – not in terms of training or capability, but simply in terms of time?”

Turkish Constitutional Court granted a decision on April 17, 2019 regarding an applicant’s claims on violation of his freedom of expression and press due to access ban of a news article (which is taken from a newspaper) posted by his social media account with the comment “Interesting confession from the judge of the July 22th investigation”. The decision was published on the Official Gazette on May 15, 2019. The Constitutional Court accepted the applicant’s claim by stating that the access ban of the news article violated the applicant’s right to freedom of expression and press.

Akin Gump has advised Turkish participation bank Kuveyt Turk Katilim Bankasi A.S., majority-owned by Kuwait Finance House, on its debut issuance of USD 200 million perpetual Tier 1 Capital Certificates, listed on the regulated market of the Irish Stock Exchange plc, trading as Euronext Dublin. Clifford Chance reportedly advised the sole manager on the transaction, KFH Capital.

Egemenoglu has advised DRD Fleet Leasing regarding its debt restructuring negotiations with 45 financial institutions as creditors including Credit Europe Bank, Abraaj Group, and ICD. Negotiations resulted in the restructuring of 97% of the outstanding debt with 42 of the 45 creditors and amounts to EUR 570 million. Kinstellar advised the banks on the deal.

The amendment to the Law on Radio and Television Broadcasts (“RT Law”), which was published in the Official Gazette of March 28, 2018, regulated broadcasting services (i.e. radio, television and on-demand broadcasts) provided through internet and required these services and their providers (media service providers and platform operators) to be under the supervision and authority of Radio and Television Supreme Council’s (“RTUK”). The Regulation provides detailed information regarding this process.

In May 2019, Turkish Competition Authority (“TCA”) has published two reasoned decisions, namely Bfit Decision[1] and Minikoli Decision[2], in which it assesses the resale price maintenance (“RPM”) activities of the concerned undertakings. These decisions bear significance since they represent the TCA’s unstable approach towards RPM activities. In the aforementioned cases, the TCA adopted an effect-based analysis, as it generally did in the past. However, the TCA had displayed a deviation from the said approach in its previous two decisions; Sony Decision[3] and Henkel Decision[4] and adopted a by object analysis. Therefore, Bfit and MinikoliDecisions show this unstable approach.

Balcioglu Selcuk Akman Keki Avukatlik Ortakligi and Dentons have advised Barclays Bank PLC as the dealer manager on the tender offer by Yasar Holding A.S. to the holders of its outstanding USD 250 million 8.875 percent bonds. Baker Mckenzie and Esin Attorney Partnership advised Yasar Holding on the deal.

Bezen & Partners has advised the French utility and infrastructure conglomerate Suez Group on its successfully bid for a 29-year concession from the Canakkale Waste Management Municipal Union and the subsequent TRY 95 million financing from the EBRD for the development of a modern, efficient, and sustainable waste management system in Canakkale. Kolcuoglu Demirkan Kocakli Attorneys advised the EBRD.

Preventing the division of agricultural lands is important in preserving quality in the sector and ensuring the continued contribution of agriculture-related income to the domestic economy. As a result, every positive step taken in the agriculture sector creates a similarly positive movement in the economy. Among the most important steps taken in this regard in Turkey were the 2014 amendments to the Law on Soil Protection and Land Use No. 5403, including to the definitions of “minimum agricultural land size” and “agricultural land size of sufficient income,” affecting the division of inherited agricultural land and transfers of ownership of agricultural lands with designated sizes.

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