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Duygu Öner Ayçiçek
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Author's Contents

Duygu Oner works as a Senior Associate in the Dispute Resolution Department of Erdem & Erdem. Being experienced particularly in international trade, transport law, corporate law and administrative law, Duygu Oner provides legal consultancy to local and foreign clients regarding commercial and administrative disputes arising in different fields of law, participates in handling of disputes as well as representing clients before Courts. She also represents clients before international arbitration institutions and acts as counsel in arbitration proceedings.

Preliminary Attachment Decision of the Regional Court of Appeals Concerning Foreign Arbitration Award Subject to Enforcement Newsletter Articles
Preliminary Attachment Decision of the Regional Court of Appeals Concerning Foreign Arbitration Award Subject to Enforcement

Preliminary attachment refers to the temporary seizure of a debtor's assets to secure a creditor's claim. While it serves as a vital instrument for safeguarding the rights of creditors, it is subject to specific and stringent conditions under Turkish law to prevent any potential misuse...

Arbitration 30.09.2024
Decision of the General Assembly of Civil Chambers of the Court of Cassation on the Arbitration Clause in the De Facto Extended Contract Newsletter Articles
Decision of the General Assembly of Civil Chambers of the Court of Cassation on the Arbitration Clause in the De Facto Extended Contract

The declaration of intent to resolve disputes through arbitration is the fundamental constituent element of an arbitration agreement. To speak of a valid arbitration agreement, the parties' intention to arbitrate must emerge in a way that leaves no room for dispute...

Arbitration 31.03.2024
The Unification of Jurisprudence Decision on the Examination of the Application Made within the Legal Remedy Period Incorrectly Indicated in the Decision Newsletter Articles
The Unification of Jurisprudence Decision on the Examination of the Application Made within the Legal Remedy Period Incorrectly Indicated in the Decision

The Grand General Assembly of the Unification of Jurisprudence ("GGAUJ") ruled with the Decision of the Grand General Assembly of the Unification of Jurisprudence dated 28.04.2023 numbered 2021/5 E. 2023/2 K. ("Decision") that if the legal remedy period is erroneously indicated longer in the decision in...

Law of Civil Procedure 30.09.2023
Decision of the General Assembly of Civil Chambers of the Court of Cassation Regarding the Request for the Lifting the Corporate Veil Can Only Be Asserted by Third Parties Who Have Suffered Damages Newsletter Articles
Decision of the General Assembly of Civil Chambers of the Court of Cassation Regarding the Request for the Lifting the Corporate Veil Can Only Be Asserted by Third Parties Who Have Suffered Damages

In the decision dated 14.06.2022 and numbered 2019/149 E. 2022/894 K., the Court of Cassation General Assembly (“CCGA”) evaluated the theory of piercing the corporate veil in the context of the relationship between the guarantor and the borrowing company in a dispute arising from a loan agreement...

Commercial Law 28.02.2023
Decision of the Court of Cassation General Assembly Allowing Bankruptcy Proceedings Before Turkish Courts Despite the Existence of an Arbitration Agreement Newsletter Articles
Decision of the Court of Cassation General Assembly Allowing Bankruptcy Proceedings Before Turkish Courts Despite the Existence of an Arbitration Agreement

Under Turkish law, parties may agree on the settlement of disputes that have arisen or may arise, regarding the rights that they can freely dispose of, by arbitration. However, disputes which are not subject to the will of parties, such as the disputes relating to in rem rights of immovables, bankruptcy law...

Arbitration 30.06.2022
Carriage of Goods by Road under the Turkish Commercial Code Newsletter Articles
Carriage of Goods by Road under the Turkish Commercial Code

Turkey ratified the Convention on the Contract for International Carriage of Goods by Road (“CMR”) in accordance with Act No. 3939 dated 7 December 1993, and the CMR entered into force in Turkey on 31 October 1995. In accordance with Article 1 / 1 of the CMR, the carriage of goods by road...

Commercial Law August 2017
Decision of the Regional Court of Appeal Stating that Misinterpretation of Law Provisions in Arbitration Proceedings Does Not Contrary to Public Order Newsletter Articles
Decision of the Regional Court of Appeal Stating that Misinterpretation of Law Provisions in Arbitration Proceedings Does Not Contrary to Public Order

Under Turkish law, the legal remedy that can be applied against arbitral awards is an annulment action. Law on International Arbitration No. 4686 (“IAL”) finds its application area in arbitration proceedings where Turkey is the place of arbitration...

Arbitration February 2022
Actual Carrier in Carriage of Goods by Sea Newsletter Articles
Actual Carrier in Carriage of Goods by Sea
Commercial Law February 2021
Freight Forwarder Contract under Turkish Law Newsletter Articles
Freight Forwarder Contract under Turkish Law
Commercial Law September 2020
Ship Hypothéque under Turkish Law Newsletter Articles
Ship Hypothéque under Turkish Law
Commercial Law May 2020
The Carrier’s Right of Retention on Goods Newsletter Articles
The Carrier’s Right of Retention on Goods
Commercial Law June 2021
The Relation between Contract of Carriage by Sea and Bill of Lading Newsletter Articles
The Relation between Contract of Carriage by Sea and Bill of Lading
Commercial Law August 2019
2016 York Antwerp Rules Newsletter Articles
2016 York Antwerp Rules
Commercial Law March 2019
Arrest of Ships under Turkish Law Newsletter Articles
Arrest of Ships under Turkish Law
Commercial Law May 2018
The Consequences of Late Payment in the Procurement of Goods and Services Newsletter Articles
The Consequences of Late Payment in the Procurement of Goods and Services
Commercial Law February 2018
Liability of the Sea Carrier for the Carriage of Goods under Turkish Law Newsletter Articles
Liability of the Sea Carrier for the Carriage of Goods under Turkish Law
Commercial Law October 2017
Constitutional Court Decided That Lack of Jurisdiction Decision Rendered due to Arbitration Agreement Does Not Violate the Right to Property Newsletter Articles
Constitutional Court Decided That Lack of Jurisdiction Decision Rendered due to Arbitration Agreement Does Not Violate the Right to Property
Arbitration October 2021
Extension of the Arbitration Agreement to the Insurer in terms of Subrogation Newsletter Articles
Extension of the Arbitration Agreement to the Insurer in terms of Subrogation
Arbitration July 2018
Constitutional Court Decision of the Action for Annulment of the Disposition Transaction Newsletter Articles
Constitutional Court Decision of the Action for Annulment of the Disposition Transaction
Enforcement and Bankruptcy November 2018
Pre-contractual Obligation of Declaration of the Insurant and the Insurer's Rights in case of Violation of the Obligation Newsletter Articles
Pre-contractual Obligation of Declaration of the Insurant and the Insurer's Rights in case of Violation of the Obligation
Insurance Law April 2019
Evidential Contracts in Turkish Law of Evidence Newsletter Articles
Evidential Contracts in Turkish Law of Evidence
Law of Civil Procedure January 2020

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