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