Newsletter 2019

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 CONTENTSCOMMERCIAL LAWRevision to International Commercial Terms: Incoterms® 2020Privilege to be Represented on the Board of DirectorsDelegation of Representation Authority and Appointment of Limited Authorized RepresentativeLack of Mandatory Bodies in Joint Stock CompaniesPostponement of General Assembly Meetings in Joint Stock CompaniesWholesale of a Significant Amount of Company AssetTransfer of Seized SharesLiability from Representations and Warranties under Share Purchase AgreementsDistribution of Dividends in Public CompaniesSecondary Liability of Companies Participating to Spin-offTransfer of Employee Rights and Claims in Company Spin-offsRestructuring of Debts Owed to the Financial SectorEvaluation on Prohibition of Financial Assistance within Certain Scenarios2016 York Antwerp RulesThe Relation between Contract of Carriage by Sea and Bill of LadingEmployer's Remedies under FIDIC Silver Book COMPETITION LAWFinal and Interim Decisions of the Turkish Competition BoardObtaining and Examining WhatsApp Correspondences as Evidence within the Scope of Competition LawEuropean Commission's Foreign Exchange Spot Trading Cartel DecisionsRestriction of Online Advertisement and Sales: European Commission's Guess DecisionSecond Stage in Facebook FileExpected Second Half of Competition Board's 12 Banks DecisionTurkish Competition Board's Sahibinden.com Decision ARBITRATION LAWArbitrability of Corporate Law DisputesICC Updates Guidance Note to Parties and Arbitral TribunalsComplex Arbitrations: An Overall View of the ICC Rules - IComplex Arbitrations: An Overall View of the ICC Rules - IIComplex Arbitrations: An Overall View of the ICC Rules - IIIArbitration in Construction IndustryInteraction between State Courts and Arbitral Tribunals in Taking of Evidence and Document ProductionWitness Conferencing in International ArbitrationAction for Annulment of Objection before ArbitrationA Recent Decision from the High Court of England and Wales: Confidentiality of Arbitration v. Public InterestA Shift from Arbitration to Multilateral Investment Court System at EU CAPITAL MARKETS LAWRecent Developments on Corporate Governance Compliance ReportingIssuance of Shares in Registered Capital SystemDraft Communiqué on Equity Based Crowdfunding LAW OF OBLIGATIONSThoughts about Restrictions imposed on Contracts in Foreign Currency in the Example of Contract for Work including Costs in Foreign CurrencyParallel Debt and its Legal Nature under Turkish LawA Snapshot of Postponed Articles Pertaining to Rent Laws under Turkish Code of Obligation No. 6098Legal Liability of DoctorsGeneral Principles of Indemnity Claims for Personal Injury CIVIL PROCEDURE LAW AND EXECUTION AND BANKRUPTCY LAWDecision of the Court of Cassation on the Unification of Case Law Concerning Interest Problem in Partial Claim LawsuitsAn Important Decision of the Assembly of Civil Chambers of the Court of Cassation Regarding Amendment of PleadingThe Review of the Decision of the Court of Cassation as a Result of the Appeal for the Sake of LawAn Important Decision of the Assembly of Civil Chambers of the Court of Cassation Regarding the Principle of Legal SecurityRecent Developments Regarding Concordat INTELLECTUAL PROPERTY LAWEmployers' Rights on Intellectual and Artistic Works Created by EmployeesGenuine Use of the TrademarksAbsolute Grounds for Refusal in Trademark Registration PERSONAL DATA PROTECTIONThe Concepts of Personal Data, Data Processor, Data Controller and Contact Person within the scope of Personal Data Protection LegislationHealthcare Sector Publishes a Guideline on Data ProtectionGermany's Federal Cartel Office Prohibits Facebook from Combining User Data from Different Sources LABOR LAWEmployer's Extended Management Right and Mobility Clauses in Employment ContractsCollective Labor Agreements and StrikesDecision of the General Assembly on the Unification of Judgments Regarding Termination of Employment Agreement due to Absenteeism TAX LAWRecent Amendments in Relation to Tax LegislationTaxation of Capital DecreaseLiability for Tax Debts of Limited Liability CompaniesVAT on Exchange DifferenceThe Right to a Fair Trial and the Notification of Tax Inspection Reports SPORTS LAWCorporatization of Football ClubsThe Turkish Football Federation Dispute Resolution Committee: Its Organization, Jurisdiction and ProcedureAnnulment of the Court of Arbitration for Sport AwardsCosts and Late Payment of Advance on Cost in CAS ArbitrationBasketball Arbitral Tribunal MISCELLANEOUSSingapore Convention on MediationPre-contractual Obligation of Declaration of the Insurant and the Insurer's Rights in Case of Violation of the ObligationRegulation on Pilotage and Towage ServicesUnited States Economic Sanctions Regime: IranHave Form Requirements been brought for Engagements? LEGAL DEVELOPMENTSImportant International AgreementsImportant President ResolutionsThe Grand National Assembly of Turkey DecisionsOther Important Changes and Developments in LawsImportant Changes and Developments in RegulationsImportant Changes and Developments in CommuniquésImportant Changes and Developments in General CommuniquésOther Important Changes and DevelopmentsImportant Legislation and Decisions regarding CompetitionImportant Legislation and Decisions regarding Mergers and AcquisitionsImportant Changes and Development regarding Energy LawImportant Precedents and Other DecisionsINDEX