Ankara, Turkey

The Commercial Dispute Resolution in Turkey

By Ilgın Yazici and Didem Sönmez, Financial Axis Independent Audit & Consulting Inc

The legal environment in Turkey has progressed in an investorfriendly fashion in recent years and alternative methods have been adopted for commercial disputes. Litigation is the most commonly used method for the settlement of disputes in Turkey. Civil litigation proceedings are conducted before the courts and disputes are generally handled by expert judges. The Code of Civil Procedure is the main legal regulation and, after making an ex offcio assessment, the court decides according to its discretion.

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English Judge strikes down onerous clause in B2B contract

By Nichola Evans and Melissa Munday, Ward Hadaway

Commercial entities frequently seek to incorporate their T&Cs into B2B contracts by reference to webpages. However, the recent High Court decision, Blu-Sky Solutions Ltd v Be Caring Ltd [2021], has highlighted the potential pitfalls of this approach and demonstrates English courts will intervene even in B2B contracts if they consider that onerous clauses are not reasonably brought to the attention of the other party.

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Self-awareness and negotiation skills in business

By Melina Karaolina, M. ELIADES & PARTNERS LLC

John F. Kennedy said: “Let us never negotiate out of fear; but let us never fear to negotiate.” It is true that negotiations can be challenging in any given situation, but the fact of the matter is that all of us, every day, under many different circumstances, both in our personal lives and in business, have to negotiate. Studies show that children from as early as the age of 3 start to negotiate when they wish to engage in play with their peers.

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battery of an electric vehicle engine

Producer's liability for a defective product incorporated in another product: the manufacturer's nightmare?

By Pierre Yves Rossignol, Herald
 
In industry, there are many cases in which a manufacturer must take action against the supplier of a defective part incorporated in their main product. Just think of the relatively frequent cases in the automotive industry where the manufacturer of an electric vehicle has to seek recourse from the producer of electric batteries that catch fire (“Plug-in hybrids: Volkswagen Group recalls 118,000 cars.” Autoplus – www.autoplus.fr. 04 April, 2022).

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New York, USA

Supreme Court to determine whether prejudice impacts a determination of waiver of arbitrability

By Leslie A. Berkoff, Moritt Hock & Hamroff LLP

The US Supreme Court has granted a Petition for Writ of Certiorari in Robyn Morgan v Sundance, Inc. (No. 21-328) and will decide whether prejudice is a required element in determining whether the right to arbitrate has been waived. The Court is reviewing a decision of the Eighth Circuit wherein the Court found that the owner of 150 Taco Bell franchises had not waived its right to arbitrate the plaintiff’s claims, despite waiting almost eight months after commencing a lawsuit to move to compel arbitration.

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Moscow, Russia

Sanctions as a threat for access to foreign arbitration

By Ksenia Deeva, Nektorov, Saveliev & Partners

The Supreme Court of Russia issued a ruling1 that challenged all arbitration clauses concluded with Russian sanctioned companies. The main point is the following: Russian courts have the right to establish its exclusive competence due to the sanctions.

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The establishment of the Commercial Court in Cyprus

By Melina Karaolia, M. ELIADES & PARTNERS LLC

While we were planning for the LDR PG meeting to be held at the GGI Regional Conference in Limassol, we thought that the topic of the purpose and functionality of commercial courts, with a particular focus in Cyprus, would be an interesting one. At the time we were first discussing this, the Cyprus Ministry of Justice had deposited a draft bill in Parliament for the establishment of a Commercial Court that would deal with international matters, including in the English language if the parties so choose. The approval of court procedures in the English language would require constitutional amendments.

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Ontario Court of Appeal upholds data exclusion clauses in CGL Policies – no duty to defend

By Eric Blay and Dylan S. Fisher, Pallett Valo LLP

Canada’s first real judicial interpretation of a cyber liability policy is the decision in Family and Children’s Services of Lanark, Leeds and Grenville (FCS) v. Co-operators General Insurance Company (Cooperators), released in March 2021. In 2016 an unidentified hacker stole confidential reports from FCS, which were allegedly leaked onto Facebook, resulting in a class action against FCS for CAD 75 million in damages.

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