Ahmet Dulger’s article examines the validity of arbitration agreements concluded through online communication tools. It evaluates such agreements as to capacity, form and substance in light of conflict-of-laws and substantive-law rules.
Gamze Aydoğdu authored the academic publication “Tacit Choice of Law under the Hague Principles on Choice of Law in International Commercial Contracts” in Sakarya Hukuk Dergisi (SHD), published on 2022-12-30. The publication forms part of the private-international-law literature concerning Türkiye.
HCCH Permanent Bureau on 2022-12-20 announced the development entitled “Publication of the Practitioners’ Tool: Cross-Border Recognition and Enforcement of Agreements Reached in the Course of Family Matters Involving Children”.
The article examines the recast EU Blue Card Directive on admitting highly qualified non-EU workers. It states that Member States’ ability to retain national schemes and their broad discretion may limit harmonisation, while the new legislative approach may improve migrant workers’ rights.
The United Nations record states that the United Nations Convention on the International Effects of Judicial Sales of Ships was adopted on 7 December 2022 by General Assembly resolution 77/100.
The article examines, in light of a Turkish Court of Cassation decision, whether Turkish courts have international jurisdiction under PILA Article 41 in cases concerning the personal status of blue card holders.
The Permanent Bureau’s Regional Office for Asia and the Pacific (ROAP), in partnership with the Department of Justice of the Hong Kong SAR, held a workshop on 8 November 2022 during Hong Kong Legal Week 2022 on HCCH Conventions supporting litigation in cross-border civil or commercial matters.
The HCCH Experts’ Group on Parentage / Surrogacy held its twelfth meeting from 17 to 21 October 2022 in hybrid format. It brought together 34 experts, including 15 who attended in person, representing 23 Member States, one Member Regional Economic Integration Organisation and two Observers.
Ticen Özraşit’s study, published in Legal Hukuk Dergisi on 15 October 2022, compares the 2010, 2013 and 2021 revisions of the UNCITRAL Arbitration Rules with Turkish arbitration provisions. It addresses the relationship of Turkey’s International Arbitration Law No.
Mª Jesus Sánchez Cano’s article, published in CUADERNOS DE DERECHO TRANSNACIONAL, takes the Pancharevo judgment as its point of reference and addresses free movement of persons in the context of new family models.
The article states that arbitral awards in Turkish law are subject to a limited list of statutory grounds for annulment and that excessively high arbitrator fees are not expressly listed as an annulment ground in Turkish law.
Nuno Ferreira authored the academic publication “Utterly Unbelievable: The Discourse of ‘Fake’ SOGI Asylum Claims as a Form of Epistemic Injustice” in International Journal of Refugee Law, published on 2022-10-01.
HCCH — News on 2022-09-23 announced the development entitled “Third Meeting of the Working Group on Jurisdiction”. The announcement concerns a development in the context of International / HCCH.
Abdullah Harun Korkmaz’s article in Volume 42, No. 2 of the Public and Private International Law Bulletin considers the credibility of fact witness evidence in international arbitration in light of current debates.
Asli Bayata Canyas’s article was published in Ankara Barosu Dergisi on 25 August 2022 and addresses when arbitration proceedings end under Law No. 4686 on International Arbitration.
The article examines the legitimacy crisis facing investor-state dispute settlement, including concerns about interference with states’ regulatory space, fragmentation of investment law, and closed-door proceedings.
Adnan Tarik Doğan’s 2022 article addresses third-party funding in international investment arbitration, focusing on the nature of the funding agreement, disclosure of the funder’s identity and security for costs.
The article examines whether parties may waive their right to object to arbitral awards through a prior agreement or as a consequence of certain conduct.
Zeynep Derya Tarman authored the academic publication “Competent Authorities to Issue a Certificate of Inheritance Involving a Foreign Element, the Applicable Law and the (Non) Recognition of a Foreign Certificate of Inheritance in Turkey” in Başkent Üniversitesi Hukuk Fakültesi Dergisi, published…