Newsletter 2017

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 LAWImportance of ICC Model Contracts as Part of Soft LawLegal Requirements for Board of Director Membership of Joint Stock CompaniesPre-emptive Right in Joint Stock CompaniesCapital Increase through Internal Resources in Joint Stock CompaniesFeatures of Joint Venture ContractVoting Agreements under Turkish LawStock Option Plans in TurkeyHolding Company Structure under Turkish LawCarriage of Goods by Road under the Turkish Commercial CodeLiability of the Sea Carrier for the Carriage of Goods under Turkish LawRight to Information and Inspection by the Shareholders in Limited Liability Companies COMPETITION LAWThe Turkish Competition Board Decides About the Scope of Legal Professional PrivilegeUmbrella Effect within the Framework of Private Competition EnforcementCompetition Board's Recent Examinations in the Electricity Sector: Back to the PastBlock Exemption Communiqué on Vertical Agreements and Concerted Practices in the Motor Vehicle SectorEvaluation of the European Commission E-Commerce Sector Inquiry with regard to Consumer GoodsCompetition Authority's Sector Inquiry Report on Television BroadcastingExcessive PricingDraft Guideline on Vertical Agreements and the Related Workshop of the Competition AuthoritySelective Distribution Systems under the Light of Coty DecisionEuropean Commission Approves Microsoft's Acquisition of LinkedIn Subject to ConditionsBooking.com DecisionAmazon Decision and E-Book Commitments ARBITRATION LAWICC Expedited Procedure Rules in accordance with the ICC Note on the Conduct of ArbitrationCurrent Issues in Expedited Procedures in ArbitrationRelationship between Arbitrability and Public Policy in Light of the Decisions of the Court of CassationThe Effect of the Principle of Separability on Determination of the Law Applicable to Arbitration Agreements - IThe Effect of the Principle of Separability on Determination of the Law Applicable to Arbitration Agreements - IICosts and Reduction of Costs in ArbitrationEnforcement of Arbitral Awards Set Aside at the Seat of ArbitrationInternational Arbitration in Banking and Finance Sector within the Context of the ICC Commission ReportSwiss Federal Court Refused a Set Aside Request Based on the Failure of the Tribunal to Appoint an Independent Expert in Arbitration ProceedingsICSID Tribunal's Decision on the Claims of İçkale İnşaat against TurkmenistanMoral Damages Claim in Investment ArbitrationUmbrella Clauses in Investment Arbitration CAPITAL MARKETS LAWProperty CertificatesActivities of Foreign Investment Institutions in TurkeyAmendments to the Communiqué on Disclosure of Material EventsRecent Amendments to the Debt Securities CommuniquéThe Draft Law on Crowdfunding LAW OF OBLIGATIONSEvaluation 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 ConductThe Unlikelihood of a Subsequent Debt Repayment in accordance with the Swiss Federal Court Decision Dated 21 July 2015Movable Pledge Agreements in Commercial TransactionsElectronic Contracting in TurkeyBank Letters of CreditHandover of the Leased Property after Conclusion of the Lease AgreementSpecial Lien in Favour of the LessorSeller's Liability Due to Defects in Purchase AgreementsNon-competition Clauses for Employees: Limitation of Non-competition Clauses in terms of Place, Time, Subject and Restriction Authority of the Judge ENERGY LAWKey Amendments to Regulation on Licensed and Unlicensed Electricity and New Regulation on Renewable Energy ZonesControl of Packing Wastes in Turkey and the General Framework of Legislation INTELLECTUAL PROPERTY LAWTrademark Rights under Industrial Property LawTrademark Right Infringements on the InternetPatent Rights under Industrial Property LawIntellectual Property Rights of the Employers PERSONAL DATA PROTECTIONThe EU General Data Protection Regulation and Its Territorial ScopeDestruction of Personal DataProtection of Personal Data within the Scope of Labor LawEmployer's Right to Govern and Personal Data Management MEDIATIONAgreement Which Is Signed at the End of Mediation and Its Legal QualificationMandatory Mediation in Labor Disputes MISCELLANEOUSTurkish Wealth FundOperation of Economic Enterprises by FoundationsHow the US Foreign Corrupt Practices Act and the UK Bribery Act 2010 Can Impact Foreign Companies?Approach to Trust Law from a Civil Law PerspectiveSingle European SkyIndustry 4.0 and Its Impact in the Legal WorldGeneral Legal Framework of Pharmaceutical Industry in TurkeyThe Court of Cassation Decision of the Unification of Judgments holding that Receivables based on a Verdict may not be put into Enforcement Proceedings without a Verdict LEGAL DEVELOPMENTSImportant International AgreementsImportant Council of Ministers ResolutionsThe Grand National Assembly of Turkey DecisionsImportant Changes and Developments in LawsImportant Changes and Developments in RegulationsImportant Changes and Developments in CommuniquésImportant Changes and Developments in General CommuniquésImportant Changes and DevelopmentsImportant Legislation and Decisions regarding CompetitionImportant Legislation and Decisions regarding Mergers and AcquisitionsImportant Publications and Decisions regarding PrivatizationImportant Changes and Development regarding Energy LawImportant Case Law and Other Important Decisions THESAURU