Domestic arbitration proceedings in Turkey are regulated under the Turkish Civil Procedural Law No.6100, which is based upon the UNCITRAL Model Law. On the other hand, international arbitration proceedings are regulated within the scope of Turkish International Arbitration Code No.4686 (TIAC, 2001). Within this frame, TIAC provides a quick resolution process to the parties of the dispute without intervention of the state courts.
Our legal team has a broad experience on international, local and institutional or ad hoc arbitration regarding the agreements on the construction of natural gas pipelines, oil pipelines, compressor stations and water purification plants. Our lawyers are already representing our clients in 300 million USD valued arbitral cases in total.
As Basaran&Sahan Law Firm, we provide the following legal services for our clients;
- Drafting of the arbitration clauses/agreements,notifications and petitions,
- Supervising the correspondence with the other parties in order to avoid disputes,
- Negotiations to reach a fair reconciliation,
- Providing legal opinions on arbitration,
- Representing our clients before the arbitral courts,
- Interpreting the final award enforceable within Turkey or foreign member countries to the Convention,
- Bringing action before courts based upon the rescission of the agreement when necessary.
In line with the EU accession process, Turkish Competition Authority reinforced its administrative capacity and began to perform effective audit operations in all markets including Transport, Food, Beverage, Agriculture, Construction Materials Medicine, Health Services and Products, and Automotive markets.
We assist our clients during the course of anti-turst investigations. We defend our clients before the civil and administrative courts and public institutions regarding the anti-trust investigations and related issues when necessary.
We provide a comprehensive range of legal services to our clients on commercial law and corporate law matters in both local and international areas with a team that has considerable knowledge and experience in commercial and corporate legislations. In particular, we assist our clients in national and cross-border mergers and acquisitions, joint ventures, privatizations, private equity and venture capital transactions, incorporation, operation and termination of companies and settlement of all types of commercial disputes through reconciliation or litigation. Besides, we provide information and support to our clients regarding the new Turkish Commercial Code No. 6102 in order to ensure that they are in compliance with the current legislation in every aspect.
Furthermore as Başaran&Şahan, we also provide consultancy on all legal aspects of mergers and acquisitions to both foreign our clients investing in Turkey and Turkish clients investing abroad.
Our legal services generally include:
- Incorporation, liquidation and corporate re-structuring,
- All aspects of mergers and acquisitions (M&A),including the due diligence investigations, structuring, negotiation and drafting all substantive transaction documents, closing and post-closing process,
- Joint Ventures, privatization,
- Preparation of shareholders agreements and other related contracts,
- Share and asset sales and purchases,
- Internal management and consultancy services regarding the daily operation of companies,
- Preparation of decisions of board of directors, organization of meetings of general assembly and that of board of shareholders, amendments to Articles of Association and other company law related matters.
- Legal consultancy services relating to private equity and venture capital,
- Applications for all types of licenses, permits and certificates to administrative authorities,
- Preparation of both local and cross-border commercial transactions,
- Providing regulatory advice on all regulatory and supervisory legislations along with general compliance matters,
- Settlement of all types of commercial disputes through reconciliation and litigation.
We provide our clients with a comprehensive consultancy service regarding the subjects related to daily commercial subjects including the negotiation, preparation and revision of franchise and distribution agreements, consumer agreements, supply and services agreements, sale and purchase agreements, outsourcing agreements, non-disclosure and confidentiality agreements, employment agreements, joint venture and strategic partnership agreements, construction agreements, and agency agreements.
In the last decade, together with the changes in customer behaviour, commercial and advertising activities were shifted to the IT platforms. Therefore, collecting, processing, keeping and sharing of personal data have become the key points of commercial success. Due to the rapidly increasing number of incidents regarding the illegal collection and processing of personal data, the protection of data has become a growing concern for both the individuals and companies. The activities of foreign company’s branches and their affiliates in Turkey have also raised the issue of compliance and put it onto their agendas.
Within the scope of Turkish law, the regulatory framework is drawn by the Constitution, Turkish Penal Code, secondary legislation and court decisions. Serious prison sentences that are imposed by Turkish Penal Code for illegal share of data deems the subject sensitive for company executives.
Başaran & Şahan Law Firm provides consultancy and legal services on various subjects regarding the data protection matters including;
- Advising clients on the compliance with data protection regulations and the transfer of personal data outside Turkey,
- Drafting and negotiating data sharing clauses and agreements,
- Drafting privacy policies to be included on the web sites,
- Advising clients on sector based privacy and protection issues,
- Representing clients before Turkish courts.
We represent ourclients before Turkish commercial and administrative courts effectively through our extensive experience in litigation services,. Our litigation team provides litigation services regarding a wide variety of commercial disputes including corporate disputes, contractual disputes, maritime and shipping disputes, disputes in finance sector, insolvency-related disputes, intellectual property disputes, labor law based disputes, product liability disputes and torts.
Our primary litigation and consultancy services within the field of Labor and Social Security Law are as follows;
- Providing litigation and consultancy services regarding the disputes arising from labour claims such as severance pay, notice pay, overtime pay, annual leave pay, pay for weekly rest day, national and public holiday payments and unpaid salaries,
- Corresponding on behalf of the parties,
- Preparation and termination of personal employment agreements,
- Preparation and negotiation of collective employment agreements,
- Organising training seminars regarding the rights and obligations of the employees and employers arising from the Labour and Social Security legislation,
- Dispute settlement regarding the reemployment cases,
- Objecting to administrative fines,
- Preparation workplace internal regulations,
- Providing litigation and consultancy services for the disputes arising from Social Security and General Health Insurance Act.
Since the energy sector is regulated and monitored by an extensive and detailed legislation, companies seeking to operate within the sector face many administrative and legal obligations starting from the first stage of their incorporation.
Through its well-experienced team, Basaran&Sahan Law Firm provides legal services for its clients at all stages as from their decision to invest in the energy sector. Within this scope, we provide our clients who seek to operate within the energy sector with energy related litigation, arbitration and consultancy services including;
- Assisting with procedures associated with incorporation of energy companies and obtaining investment incentive certificates,
- Execution of administrative processes of M&As,
- Advising on agreements, including energy sale & purchase agreements, energy distribution agreements, energy transmission agreeements, energy storage agreements, agreements for sale and purchase of energy tribunes (wind, hydroelectric, geothermal) and solar systems, emission reduction purchase agreements,
- Guiding our clients through the application processes of all types of licenses, certificates andpermits,
- Providing assistance to our clients with their renewable projects regarding the wind, solar, hydroelectric, geothermal, biomass and other renewable sources and advising our clients on regulatory framework and government support policies,
- Providing guidance within the scope of financing the energy investments projects, including renewable energy projects,
- Representing our clients before courts, regulatory and supervisory bodies.
Companies willing to invest in energy sector and engage in generation, transmission, distribution, wholesale, retailing and retailing services, import and, export of electricity have to obtain the necessary licences from the Energy Market Regulatory Authority. According to the new procedures introduced by the Electric Market Law; in order to obtain licenses, the investors need to go through a process starting from the pre-licence stage. Pre-licence enables the investors to obtain all the required permissions from the relevant institutions to launch their projects. If the applicant company meets the criteria set by the relevant law and secondary legislation, Regulatory Authority will issue a pre-licence for a certain period of time. The companies who fail to fulfill key requirements within the given time will not get to obtain the licences to operate within the energy market.
This sensitive legal process must be managed carefully and diligently. Our expert legal team assists our clients with their investments and helps them take the right steps during their energy investments in Turkey.
Obtaining Permissions from EMRA
Companies operating in the energy market are subject to the permission of EMRA for the transactions regarding the;
- transfer of the shares (at least 10% of the share for the companies and %5 of the share for the publicly traded companies)
- delegation of authority,
- transferring the title of the facilities
As Basaran&Sahan Law Firm, we provide an extensive legal service for our clients on all matters related to permissions given by EMRA.
We provide legal services to insurance companies, branches of foreign insurance companies, pension companies, reinsurance companies, insurance brokers and their agencies through its well-experienced team who has comprehensive knowledge on insurance law and regulations. These services include legal transactions related to;
- Incorporation, merger, acquisition and dissolution of companies
- Application for all kinds of licenses, certificates and allowances to the Under secretariat of Treasury, which is the insurance regulatory authority of the Turkey
- Amendment of articles of corporation and share transfer transactions
- Preparation and review of the insurance products in compliance with the law and relevant General Terms and Conditions before they are introduced to the market
- Preparation and revision of brokerage and agency contracts
- Issues related to reinsurance contracts
- Preparation and revision of service and supply procurement contracts, e-commerce contracts, advertisement contracts and other types of contracts of insurance companies
- Delivering opinions on insurance regulations of various countries
Besides, we solve any kind of disputes arising from insurance contracts by way of settlement and litigation with our titles as an attorneys of either the insurer or the insured.
We also provide insured clients with legal consultancy and litigation services regarding construction all risks insurance, marine insurance, credit insurance, political risk insurance, compulsory or voluntary environmental insurance, professional liability insurance and all other types of liability insurances.
As Basaran&Şahan Law Firm, we provide consultancy services to the local and international companies on the issues regarding the intellectual property law. We represent our clients before Turkish courts with regard to various intellectual property disputes andoffer a wide range of legal services such as litigation, arbitration, consultancyinvestigation, registration, and commencing execution proceedings.
Our expertise within the field of Intellectual Propertyincludes Trademarks, Patents, Copyrights, Obtaining Licenses, Trade Secrets, Know-How and Industrial Designs.
Our legal team provides a wide range of services during the licencing process of the renewable energy projects including;
- Incorporation of a company for electric production in accordance with Turkish Commercial Code
- Obtaining the right of use of the relevant property where the wind or solar energy tribunes and facilities planned to be located at.
- Applying for pre-licences,
- Obtaining the necessary official permissions for the establishment of facilities during the pre-licence stage,
- Assisting our clients with obtaining the final licences,
- Assisting our clients with the processes regarding the construction and installation of the facilities,
- Assisting our clients following the commencement of commercial operation of the facilities.
As Basaran&Sahan Law Firm, we have the expertise and capacity required to provide all kinds of legal services associated with the sale and purchase of businesses.
The scope of our expertise includes providing advice on merger models and strategies as well as managing negotiations, preparing option agreements, letters of intent and share transfer agreements. We also provide assistance with carrying out due diligence investigations and cooperate with our client’s other advisors in doing so.
In connection with business transactions we provide legal assistance to ou clients regarding business restructuring and mergers and demerger implementation. As a part of our services, we also assist our clients with the financing the acquisition acting in our capacity as an advisor.
Public Procurement Code No.4734 and Public Procurement Contracts Code No.4735 are the two main Codes governing the public sector procurements in Turkey. Moreover, Public Procurement Authority (PPA), regulates the public procurement sector within the frame of the regulations, by-laws, manifests, model contracts and decisions. Public entities’ tenders for service, consultation, purchase and construction are subject to the mentioned laws and regulations.
Due to the hybrid nature of public procurement in Turkish law, the disputes are solved before the civil state courts (or arbitration tribunals) and/or administrative courts. Therefore, an efficient resolution of the disputes requires an expertise on both judicial remedies.
With our great experience from large-scale public procurement construction projects in Turkey we assist our clients with;
- Providing consultancy on all stages of tender preparation,
- Revision and drafting of the requested documents,
- Providing consultancy on Turkish Public Procurement legislation and the laws and regulations regarding the construction business,
- Providing consultancy on contract negotiations,
- The process of applying to the PPA,
- Attending to the dispute resolution process related to public authorities,
- Provide litigation services and represent clients before the administrative courts and Council of State (Danistay)
- Provide arbitration and/or mediation services,