Belport Development Limited v Chimichanga Corporation: Turkish and BVI Courts Differ on Attorney Eyes Only Orders in Arbitral Proceedings

This article is about an ICC award, the recognition and enforcement of which was (i) permitted by the High Court of Justice of the British Virgin Islands (the “BVI Decision”)[1]; but (ii) refused by the Turkish Court of Cassation (the “Turkish Decision”)[2]. The central issue in both proceedings was whether the arbitral tribunal’s attorney eyes […]

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A Controversial Turkish Precedent on Arbitrators’ Jurisdiction on Claims Initiated Through Bankruptcy Proceedings

The General Assembly of the Civil Chambers of Turkish Court of Cassation (“Court”) rendered a controversial decision on 21 December 2021 with No. K.2021/1710 (“Decision”) The Decision provides that, notwithstanding a valid arbitration agreement, Turkish courts, not arbitrators, shall have jurisdiction to determine whether an alleged debtor, against whom a bankruptcy proceeding has been initiated, […]

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Hot topics in Turkish renewable energy market

As of February 2022, Turkey’s renewable energy capacity is approximately 53,500 MW amounting to just over half of Turkey’s total installed capacity. This was largely thanks to YEKDEM, Turkey’s USD-based feed-in tariff. Depending on the renewable energy source, this mechanism provided guaranteed purchase prices between US$7.3 and US$13.3 per KWh for the first ten years […]

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