Newsletter 2019

H. Ercüment Erdem

We are honored to provide you our new book, "Newsletter 2019", as we are celebrating the 10th anniversary of publishing our Newsletter book.In our book, we have published our research in many new areas and subjects of law, developed in parallel to meet the needs of today's business. Our Newsletter 2019 book includes 16 articles in the field of commercial law. We published seven articles on competition law. As a GAR100 listed law firm with a proven track record in international arbitration we published 11 articles. In the capital markets law, we discussed recent developments on corporate governance compliance reporting, issuance of shares in registered capital systems, and the draft communiqué on equity based crowdfunding. With respect to the law of obligations, we analyzed contracts of work, including costs in foreign currency, indemnity claims for personal injury, parallel debt and its legal nature, and postponed articles pertaining to rent laws. In terms of tax law, we examined recent amendments in relation to tax legislation, taxation of capital decreases, and liability for tax debts of limited liability companies, VAT on exchange differences, and the notification of tax inspection reports within the scope of the right to a fair trial. Our office continues its pioneering role also in sports law, as well as in many new areas of law. Within this framework, the corporatization of football clubs, the Turkish Football Federation Dispute Resolution Committee, annulment of the Court of Arbitration for Sport Awards, costs and late payment of advance costs in CAS arbitrations and the Basketball Arbitral Tribunal were some prominent subjects of our studies. This year, we discussed current issues in the fields of labor law, intellectual property law, civil law and execution and bankruptcy law, as well as protection of personal data. We also addressed topics of interest, such as the Singapore Convention on mediation, the United States' economic sanctions imposed on Iran, and the Regulation on pilotage and towage services. The chapter on Legal Developments provides global insight into material developments in international agreements, laws, presidential decisions, regulations, and communiqués, as well as a synopsis of the decisions of the Turkish Competition Board. We also published a list of energy legislation made effective in 2019, as well as extracts of key court precedents. We believe that this last chapter portrays an executive look on legal developments in terms of 2019, as we have set forth in previous years.(ÖNSÖZDEN)
SUMMARY OF CONTENTS
COMMERCIAL LAW
Revision to International Commercial Terms: Incoterms® 2020
Privilege to be Represented on the Board of Directors
Delegation of Representation Authority and Appointment of Limited Authorized Representative
Lack of Mandatory Bodies in Joint Stock Companies
Postponement of General Assembly Meetings in Joint Stock Companies
Wholesale of a Significant Amount of Company Asset
Transfer of Seized Shares
Liability from Representations and Warranties under Share Purchase Agreements
Distribution of Dividends in Public Companies
Secondary Liability of Companies Participating to Spin-off
Transfer of Employee Rights and Claims in Company Spin-offs
Restructuring of Debts Owed to the Financial Sector
Evaluation on Prohibition of Financial Assistance within Certain Scenarios
2016 York Antwerp Rules
The Relation between Contract of Carriage by Sea and Bill of Lading
Employer's Remedies under FIDIC Silver Book
COMPETITION LAW
Final and Interim Decisions of the Turkish Competition Board
Obtaining and Examining WhatsApp Correspondences as Evidence within the Scope of Competition Law
European Commission's Foreign Exchange Spot Trading Cartel Decisions
Restriction of Online Advertisement and Sales: European Commission's Guess Decision
Second Stage in Facebook File
Expected Second Half of Competition Board's 12 Banks Decision
Turkish Competition Board's Sahibinden.com Decision
ARBITRATION LAW
Arbitrability of Corporate Law Disputes
ICC Updates Guidance Note to Parties and Arbitral Tribunals
Complex Arbitrations: An Overall View of the ICC Rules - I
Complex Arbitrations: An Overall View of the ICC Rules - II
Complex Arbitrations: An Overall View of the ICC Rules - III
Arbitration in Construction Industry
Interaction between State Courts and Arbitral Tribunals in Taking of Evidence and Document Production
Witness Conferencing in International Arbitration
Action for Annulment of Objection before Arbitration
A Recent Decision from the High Court of England and Wales: Confidentiality of Arbitration v. Public Interest
A Shift from Arbitration to Multilateral Investment Court System at EU
CAPITAL MARKETS LAW
Recent Developments on Corporate Governance Compliance Reporting
Issuance of Shares in Registered Capital System
Draft Communiqué on Equity Based Crowdfunding
LAW OF OBLIGATIONS
Thoughts about Restrictions imposed on Contracts in Foreign Currency in the Example of Contract for Work including Costs in Foreign Currency
Parallel Debt and its Legal Nature under Turkish Law
A Snapshot of Postponed Articles Pertaining to Rent Laws under Turkish Code of Obligation No. 6098
Legal Liability of Doctors
General Principles of Indemnity Claims for Personal Injury
CIVIL PROCEDURE LAW AND EXECUTION AND BANKRUPTCY LAW
Decision of the Court of Cassation on the Unification of Case Law Concerning Interest Problem in Partial Claim Lawsuits
An Important Decision of the Assembly of Civil Chambers of the Court of Cassation Regarding Amendment of Pleading
The Review of the Decision of the Court of Cassation as a Result of the Appeal for the Sake of Law
An Important Decision of the Assembly of Civil Chambers of the Court of Cassation Regarding the Principle of Legal Security
Recent Developments Regarding Concordat
INTELLECTUAL PROPERTY LAW
Employers' Rights on Intellectual and Artistic Works Created by Employees
Genuine Use of the Trademarks
Absolute Grounds for Refusal in Trademark Registration
PERSONAL DATA PROTECTION
The Concepts of Personal Data, Data Processor, Data Controller and Contact Person within the scope of Personal Data Protection Legislation
Healthcare Sector Publishes a Guideline on Data Protection
Germany's Federal Cartel Office Prohibits Facebook from Combining User Data from Different Sources
LABOR LAW
Employer's Extended Management Right and Mobility Clauses in Employment Contracts
Collective Labor Agreements and Strikes
Decision of the General Assembly on the Unification of Judgments Regarding Termination of Employment Agreement due to Absenteeism
TAX LAW
Recent Amendments in Relation to Tax Legislation
Taxation of Capital Decrease
Liability for Tax Debts of Limited Liability Companies
VAT on Exchange Difference
The Right to a Fair Trial and the Notification of Tax Inspection Reports
SPORTS LAW
Corporatization of Football Clubs
The Turkish Football Federation Dispute Resolution Committee: Its Organization, Jurisdiction and Procedure
Annulment of the Court of Arbitration for Sport Awards
Costs and Late Payment of Advance on Cost in CAS Arbitration
Basketball Arbitral Tribunal
MISCELLANEOUS
Singapore Convention on Mediation
Pre-contractual Obligation of Declaration of the Insurant and the Insurer's Rights in Case of Violation of the Obligation
Regulation on Pilotage and Towage Services
United States Economic Sanctions Regime: Iran
Have Form Requirements been brought for Engagements?
LEGAL DEVELOPMENTS
Important International Agreements
Important President Resolutions
The Grand National Assembly of Turkey Decisions
Other Important Changes and Developments in Laws
Important Changes and Developments in Regulations
Important Changes and Developments in Communiqués
Important Changes and Developments in General Communiqués
Other Important Changes and Developments
Important Legislation and Decisions regarding Competition
Important Legislation and Decisions regarding Mergers and Acquisitions
Important Changes and Development regarding Energy Law
Important Precedents and Other Decisions
INDEX