Newsletter 2019

Kitap hakkında

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