New Rules in the Turkish Judicial System: Target Time and Mandatory Mediation in Commercial Disputes

In Turkey, litigation processes take a long time due to many different reasons. The European Court of Human Rights has received many individual applications due to long-standing litigation processes in Turkey. To increase confidence in the Turkish judicial system and judicial authorities, on 31 August 2018 the Ministry of Justice published an official announcement on its website and wrote to the courthouses, initiating what is called "target time" in litigation. The target time has been implemented in the Turkish judicial system since 3 September 2018. Another significant change that was introduced…

Okan Demirkan Recognised by Who’s Who Legal Arbitration as a Future Leader

Who’s Who Legal and Global Arbitration Review have recognised Kolcuoglu Demirkan Kocakli’s Partner Okan Demirkan as a “Future Leader” of the international arbitration world. Who’s Who Legal says: Okan Demirkan “has a great reputation” in the arbitration field and is “an absolute must for inclusion” according to peers. The SEE Legal Group congratulates Okan Demirkan and looks forward to his continued success.

SEE Legal at Freshfields’ CEE/SEE Arbitration Workshop

The SEE Legal member firms KALO & ASSOCIATES, both Albanian and Kosovo offices, and BOYANOV & Co. attended the CEE/SEE Arbitration Workshop organised by Freshfields Bruckhaus Deringer on 3 December 2018 in its Vienna office. More than 50 lawyers from 21 countries across the CEE and SEE regions attended the Workshop, which main focus was on cross-border and international arbitration. KALO & ASSOCIATES Albania was represented by Associate Armando Toslluku, specialised in arbitration related to intellectual property matters, KALO & ASSOCIATES Kosovo – by Senior Associate Atdhe Dika,…

NNDKP’s General Considerations on Administrative Disputes

NNDKP's Partner Radu Damaschin on adminstrative disputes: Administrative contracts have a special place in the legal circuit due to both their object – the management of state assets and public services – and the special regime by which they are governed. This is the reason why, in this field, the lawmaker focused consistently on creating remedies intended to ensure a balance between the protection of the public interest, the swift resolution of the legal uncertainties and the equitable treatment and just compensation of the contracting parties. However, disputes arising out of these types…

BOYANOV & Co. is Advising on the Biggest Deal in Bulgaria

BOYANOV & Co. currently works on the biggest deal in Bulgaria – the concession award procedure for Sofia Airport.

Application of Competence-Competence Principle

The United Nations Commission on International Trade Law Model Law 1985 (the Model Law) adopts the principles of competence-competence and the separability of arbitration agreements. Under these principles, an arbitral tribunal may rule on its own jurisdiction, including any objection with respect to the existence and validity of an arbitration agreement. Consistent with the Model Law, in 2001 the International Arbitration Law (IAL) introduced these principles to Turkish legislation. That said, the IAL did not follow the Model Law in its entirety. This update discusses the legal framework in…

Mogosoaia Palace Remains the Property of the Bucharest Municipality - a New Resounding Success for NNDKP

After more than 8 years of litigation in court, the judge confirmed: Mogosoaia Palace remains the property of the Bucharest Municipality. Pursuant to the decision rendered on May 22, 2018, the Bucharest Court dismissed as inadmissible the motion filed for the retrocession of the Mogosoaia Palace. The Bucharest Municipality was represented in this case by Nestor Nestor Diculescu Kingston Petersen (NNDKP), and the trial strategy was coordinated by Ana Diculescu-Sova, Senior Partner and Coordinator of the Dispute Resolution Practice of the firm. During the 8 years of legal representation, the team…

NNDKP Successful in an Emergency Arbitrator Proceeding before the Chamber of Commerce and Industry of Romania

In this proceeding, the plaintiff – a company active in the field of production of alternative energy sources – asked the Emergency Arbitrator to grant provisional measures consisting in the suspension of the plaintiff’s payment obligations arising out of a leasing agreement.

NNDKP Secures an Irrevocable Decision on Behalf of Azomures Against GFR in a Complex Commercial Dispute

SEE Legal's Romanian member, NNDKP, successfully represented the company Azomures in a commercial dispute that involved damages in the amount of EUR 15 million, representing lost profits pursuant to a framework transportation agreement. In this dispute that lasted seven years and involved complex procedural steps, including quashing and remanding for re-adjudication on appeal, a change of venue at the opponent's request, an annulment claim and several expert opinions, the court issued a final decision whereby it irrevocably dismissed the claim filed by GFR against Azomures, represented by  NNDKP. In…

NNDKP Secures an Irrevocable Decision on behalf of Azomures against GFR in a Complex Commercial Dispute Stemming from a Framework Agreement

NNDKP successfully represented the company Azomures in a commercial dispute that involved damages in the amount of EUR 15 million, representing lost profits pursuant to a framework transportation agreement. In this dispute that lasted seven years and involved complex procedural steps, including quashing and remanding for re-adjudication on appeal, a change of venue at the opponent’s request, an annulment claim and several expert opinions, the court issued a final decision whereby it irrevocably dismissed the claim filed by GFR against Azomures, represented by NNDKP. In March 2018, NNDKP…

Polenak Law Firm Contributed to the Macedonian Chapter on Litigation & Dispute Resolution

Tatjana Popovski-Buloski, Partner and Aleksandar Dimic, Junior Partner at Polenak Law Firm co-authored the Macedonian contribution to the International Comparative Legal Guide to Litigation & Dispute Resolution, 11th Edition, published by the Global Legal Group. The Macedonian chapter can be downloaded here.

Maric & Co Elected as Lead Counsel to Represent KHK and Government of Canton Tuzla

Maric & Co was elected as the lead counsel to represent company KHK and the Government of Canton Tuzla in the arbitration proceeding upon the claim initiated by Global Steel Holdings Limited, which dispute is to be resolved in accordance with the UNCITRAL rules. Seat of the arbitration will be Vienna.