Newsletter 2017 — H Ercüment Erdem

We are honored to bring to you our new book Newsletter 2016 Since 2010 at the end of each year we compiled the articles that are posted monthly on our website in a book to allow our readers an outlook on the year s key legal developments This book of articles now published for the seventh year has attracted growing attention from our clients business partners and fellow practitioners over the years While the book was well received by many of the readers we are highly encouraged to keep the impetus and further develop and expand our work It is a pleasure to see that the articles are frequently cited in a number of scientific studies and they are now considered reliable academic resources This gives us pride and even greater motivation We continued the tradition of the past years for this publication of Newsletter 2016 In 2016 our team wrote on a wide variety of legal disciplines some of which are in new areas of law developed in parallel to meet the needs of the today s business Further we did not leave out the importance of comparative law and our team researched on the developments in foreign legislations including the European Union In this seventh book you will find articles on corporate law issues implementation of which we intend to shed some light on such as abuse of exercise of dominant position in joint stock companies the concept of important reason in share transfer restrictions and the right to request information of the board directors The increase in Public Private Partnerships PPPs in the recent years inspired us to write about our considerable experience both in Turkey and a recent PPP in Ecuador where we acted as advisors from a comparative law perspective Our team wrote extensively on the much discussed contemporary issues in competition law this year such as the cinema services sector report passing on defense and indirect purchaser rule in compensation claims and price margin squeezing and decisions of the Turkish Competition Board on the Association of Electricity Distribution System Operators Elder and Yemek Sepeti an online food takeaway company As a GAR100 listed law firm with a proven track record in international arbitration it was inevitable for us to write on the landmark decision of Swiss Supreme Court for stay of the arbitration pending compliance with multi tiered arbitration clause In 2016 we witnessed a lot of amendments introduced to arbitration rules Therefore our arbitration team enjoyed writing on Istanbul Arbitration Center ISTAC Rules ICC Rules on expedited procedure and document production requests under the IBA Rules In energy law we particularly focused on writing a series of articles on the legislative amendments made in the licensed and unlicensed energy generation facilities and renewables As customary over the years we wrote on contemporary issues in capital markets contract law law of obligations labor law and affairs intellectual property civil law and bankruptcy and collection litigation as well as tax law The chapter on Legal Developments provides a global insight into material developments in international agreements laws regulations communiques as well as a synopsis of the decisions of the Turkish Competition Board and the Privatization Authority and a list of energy legislation made effective in 2016 and extracts of key court precedence We believe that this last chapter portrays an executive look on legal developments of 2016

We are honored to bring to you our new book Newsletter 2017 Since 2010 at the end of each year we compiled the articles that are posted monthly on our website in a book to allow our readers an outlook on the year s key legal developments This book of articles now published for the eighth year has attracted growing attention from our clients business partners and fellow practitioners over the years We continued the tradition of the past years for this publication of Newsletter 2017 In 2017 our team wrote on a wide variety of legal disciplines some of which are in new areas of law developed in parallel to meet the needs of the today s business Further we did not leave out the importance of comparative law and our team researched on the developments in foreign legislations including the European Union

We are honored to bring to you our new book Newsletter 2018 This year marks the ninth edition of our book that has been published since 2010 At the end of each year we compile the articles that are posted monthly on our website into a book to allow our readers a collective outlook on the year s key legal developments Our Newsletter book is the product of an ongoing tradition This tradition is to research a wide variety of legal disciplines some of which are in new areas of law developed in parallel to meet the needs of the today s business and to publish this research

We are honored to bring to you our new book Newsletter 2017 Since 2010 at the end of each year we compiled the articles that are posted monthly on our website in a book to allow our readers an outlook on the year s key legal developments This book of articles now published for the eighth year has attracted growing attention from our clients business partners and fellow practitioners over the years We continued the tradition of the past years for this publication of Newsletter 2017 In 2017 our team wrote on a wide variety of legal disciplines some of which are in new areas of law developed in parallel to meet the needs of the today s business Further we did not leave out the importance of comparative law and our team researched on the developments in foreign legislations including the European Union

We are honored to bring to you our new book Newsletter 2017 Since 2010 at the end of each year we compiled the articles that are posted monthly on our website in a book to allow our readers an outlook on the year s key legal developments This book of articles now published for the eighth year has attracted growing attention from our clients business partners and fellow practitioners over the years We continued the tradition of the past years for this publication of Newsletter 2017 In 2017 our team wrote on a wide variety of legal disciplines some of which are in new areas of law developed in parallel to meet the needs of the today s business Further we did not leave out the importance of comparative law and our team researched on the developments in foreign legislations including the European Union ÖNSÖZDEN SUMMARY OF CONTENTS COMMERCIAL LAW Importance of ICC Model Contracts as Part of Soft Law Legal Requirements for Board of Director Membership of Joint Stock Companies Pre emptive Right in Joint Stock Companies Capital Increase through Internal Resources in Joint Stock Companies Features of Joint Venture Contract Voting Agreements under Turkish Law Stock Option Plans in Turkey Holding Company Structure under Turkish Law Carriage of Goods by Road under the Turkish Commercial Code Liability of the Sea Carrier for the Carriage of Goods under Turkish Law Right to Information and Inspection by the Shareholders in Limited Liability Companies COMPETITION LAW The Turkish Competition Board Decides About the Scope of Legal Professional Privilege Umbrella Effect within the Framework of Private Competition Enforcement Competition Board s Recent Examinations in the Electricity Sector Back to the Past Block Exemption Communiqué on Vertical Agreements and Concerted Practices in the Motor Vehicle Sector Evaluation of the European Commission E Commerce Sector Inquiry with regard to Consumer Goods Competition Authority s Sector Inquiry Report on Television Broadcasting Excessive Pricing Draft Guideline on Vertical Agreements and the Related Workshop of the Competition Authority Selective Distribution Systems under the Light of Coty Decision European Commission Approves Microsoft s Acquisition of LinkedIn Subject to Conditions Booking com Decision Amazon Decision and E Book Commitments ARBITRATION LAW ICC Expedited Procedure Rules in accordance with the ICC Note on the Conduct of Arbitration Current Issues in Expedited Procedures in Arbitration Relationship between Arbitrability and Public Policy in Light of the Decisions of the Court of Cassation The Effect of the Principle of Separability on Determination of the Law Applicable to Arbitration Agreements I The Effect of the Principle of Separability on Determination of the Law Applicable to Arbitration Agreements II Costs and Reduction of Costs in Arbitration Enforcement of Arbitral Awards Set Aside at the Seat of Arbitration International Arbitration in Banking and Finance Sector within the Context of the ICC Commission Report Swiss Federal Court Refused a Set Aside Request Based on the Failure of the Tribunal to Appoint an Independent Expert in Arbitration Proceedings ICSID Tribunal s Decision on the Claims of İçkale İnşaat against Turkmenistan Moral Damages Claim in Investment Arbitration Umbrella Clauses in Investment Arbitration CAPITAL MARKETS LAW Property Certificates Activities of Foreign Investment Institutions in Turkey Amendments to the Communiqué on Disclosure of Material Events Recent Amendments to the Debt Securities Communiqué The Draft Law on Crowdfunding LAW OF OBLIGATIONS Evaluation of Decisions of the 11th Civil Chamber of the Court of Cassation with regard to the Commencement Date of the Statute of Limitations for Claims arising from Anti competitive Conduct The Unlikelihood of a Subsequent Debt Repayment in accordance with the Swiss Federal Court Dec

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