Newsletter 2017

We are honored to bring to you our new book "Newsletter 2017".


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 eighth year, has attracted growing attention from our clients, business partners and fellow practitioners over the years. We continued the tradition of the past years for this publication of Newsletter 2017. In 2017, 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.(ÖNSÖZDEN)



SUMMARY OF CONTENTS



COMMERCIAL LAW

Importance of ICC Model Contracts as Part of Soft Law

Legal Requirements for Board of Director Membership of Joint Stock Companies

Pre-emptive Right in Joint Stock Companies

Capital Increase through Internal Resources in Joint Stock Companies

Features of Joint Venture Contract

Voting Agreements under Turkish Law

Stock Option Plans in Turkey

Holding Company Structure under Turkish Law

Carriage of Goods by Road under the Turkish Commercial Code

Liability of the Sea Carrier for the Carriage of Goods under Turkish Law

Right to Information and Inspection by the Shareholders in Limited Liability Companies



COMPETITION LAW

The Turkish Competition Board Decides About the Scope of Legal Professional Privilege

Umbrella Effect within the Framework of Private Competition Enforcement

Competition Board's Recent Examinations in the Electricity Sector: Back to the Past

Block Exemption Communiqué on Vertical Agreements and Concerted Practices in the Motor Vehicle Sector

Evaluation of the European Commission E-Commerce Sector Inquiry with regard to Consumer Goods

Competition Authority's Sector Inquiry Report on Television Broadcasting

Excessive Pricing

Draft Guideline on Vertical Agreements and the Related Workshop of the Competition Authority

Selective Distribution Systems under the Light of Coty Decision

European Commission Approves Microsoft's Acquisition of LinkedIn Subject to Conditions

Booking.com Decision

Amazon Decision and E-Book Commitments



ARBITRATION LAW

ICC Expedited Procedure Rules in accordance with the ICC Note on the Conduct of Arbitration

Current Issues in Expedited Procedures in Arbitration

Relationship between Arbitrability and Public Policy in Light of the Decisions of the Court of Cassation

The Effect of the Principle of Separability on Determination of the Law Applicable to Arbitration Agreements - I

The Effect of the Principle of Separability on Determination of the Law Applicable to Arbitration Agreements - II

Costs and Reduction of Costs in Arbitration

Enforcement of Arbitral Awards Set Aside at the Seat of Arbitration

International Arbitration in Banking and Finance Sector within the Context of the ICC Commission Report

Swiss Federal Court Refused a Set Aside Request Based on the Failure of the Tribunal to Appoint an Independent Expert in Arbitration Proceedings

ICSID Tribunal's Decision on the Claims of İçkale İnşaat against Turkmenistan

Moral Damages Claim in Investment Arbitration

Umbrella Clauses in Investment Arbitration



CAPITAL MARKETS LAW

Property Certificates

Activities of Foreign Investment Institutions in Turkey

Amendments to the Communiqué on Disclosure of Material Events

Recent Amendments to the Debt Securities Communiqué

The Draft Law on Crowdfunding



LAW OF OBLIGATIONS

Evaluation of Decisions of the 11th Civil Chamber of the Court of Cassation with regard to the Commencement Date of the Statute of Limitations for Claims arising from Anti-competitive Conduct

The Unlikelihood of a Subsequent Debt Repayment in accordance with the Swiss Federal Court Decision Dated 21 July 2015

Movable Pledge Agreements in Commercial Transactions

Electronic Contracting in Turkey

Bank Letters of Credit

Handover of the Leased Property after Conclusion of the Lease Agreement

Special Lien in Favour of the Lessor

Seller's Liability Due to Defects in Purchase Agreements

Non-competition Clauses for Employees: Limitation of Non-competition Clauses in terms of Place, Time, Subject and Restriction Authority of the Judge



ENERGY LAW

Key Amendments to Regulation on Licensed and Unlicensed Electricity and New Regulation on Renewable Energy Zones

Control of Packing Wastes in Turkey and the General Framework of Legislation



INTELLECTUAL PROPERTY LAW

Trademark Rights under Industrial Property Law

Trademark Right Infringements on the Internet

Patent Rights under Industrial Property Law

Intellectual Property Rights of the Employers



PERSONAL DATA PROTECTION

The EU General Data Protection Regulation and Its Territorial Scope

Destruction of Personal Data

Protection of Personal Data within the Scope of Labor Law

Employer's Right to Govern and Personal Data Management



MEDIATION

Agreement Which Is Signed at the End of Mediation and Its Legal Qualification

Mandatory Mediation in Labor Disputes



MISCELLANEOUS

Turkish Wealth Fund

Operation of Economic Enterprises by Foundations

How the US Foreign Corrupt Practices Act and the UK Bribery Act 2010 Can Impact Foreign Companies?

Approach to Trust Law from a Civil Law Perspective

Single European Sky

Industry 4.0 and Its Impact in the Legal World

General Legal Framework of Pharmaceutical Industry in Turkey

The Court of Cassation Decision of the Unification of Judgments holding that Receivables based on a Verdict may not be put into Enforcement Proceedings without a Verdict



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 Communiqués

Important Cha