Newsletter 2017

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  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 LAW
  
  Importance of ICC Model Contracts as Part of Soft Law
  
  Legal Requirements for Board of Director Membership of Joint Stock Companies
  
  Pre-emptive Right in Joint Stock Companies
  
  Capital Increase through Internal Resources in Joint Stock Companies
  
  Features of Joint Venture Contract
  
  Voting Agreements under Turkish Law
  
  Stock Option Plans in Turkey
  
  Holding Company Structure under Turkish Law
  
  Carriage of Goods by Road under the Turkish Commercial Code
  
  Liability of the Sea Carrier for the Carriage of Goods under Turkish Law
  
  Right to Information and Inspection by the Shareholders in Limited Liability Companies
  
  
  
  COMPETITION LAW
  
  The Turkish Competition Board Decides About the Scope of Legal Professional Privilege
  
  Umbrella Effect within the Framework of Private Competition Enforcement
  
  Competition Board's Recent Examinations in the Electricity Sector: Back to the Past
  
  Block Exemption Communiqué on Vertical Agreements and Concerted Practices in the Motor Vehicle Sector
  
  Evaluation of the European Commission E-Commerce Sector Inquiry with regard to Consumer Goods
  
  Competition Authority's Sector Inquiry Report on Television Broadcasting
  
  Excessive Pricing
  
  Draft Guideline on Vertical Agreements and the Related Workshop of the Competition Authority
  
  Selective Distribution Systems under the Light of Coty Decision
  
  European Commission Approves Microsoft's Acquisition of LinkedIn Subject to Conditions
  
  Booking.com Decision
  
  Amazon Decision and E-Book Commitments
  
  
  
  ARBITRATION LAW
  
  ICC Expedited Procedure Rules in accordance with the ICC Note on the Conduct of Arbitration
  
  Current Issues in Expedited Procedures in Arbitration
  
  Relationship between Arbitrability and Public Policy in Light of the Decisions of the Court of Cassation
  
  The Effect of the Principle of Separability on Determination of the Law Applicable to Arbitration Agreements - I
  
  The Effect of the Principle of Separability on Determination of the Law Applicable to Arbitration Agreements - II
  
  Costs and Reduction of Costs in Arbitration
  
  Enforcement of Arbitral Awards Set Aside at the Seat of Arbitration
  
  International Arbitration in Banking and Finance Sector within the Context of the ICC Commission Report
  
  Swiss Federal Court Refused a Set Aside Request Based on the Failure of the Tribunal to Appoint an Independent Expert in Arbitration Proceedings
  
  ICSID Tribunal's Decision on the Claims of İçkale İnşaat against Turkmenistan
  
  Moral Damages Claim in Investment Arbitration
  
  Umbrella Clauses in Investment Arbitration
  
  
  
  CAPITAL MARKETS LAW
  
  Property Certificates
  
  Activities of Foreign Investment Institutions in Turkey
  
  Amendments to the Communiqué on Disclosure of Material Events
  
  Recent Amendments to the Debt Securities Communiqué
  
  The Draft Law on Crowdfunding
  
  
  
  LAW OF OBLIGATIONS
  
  Evaluation 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 Conduct
  
  The Unlikelihood of a Subsequent Debt Repayment in accordance with the Swiss Federal Court Decision Dated 21 July 2015
  
  Movable Pledge Agreements in Commercial Transactions
  
  Electronic Contracting in Turkey
  
  Bank Letters of Credit
  
  Handover of the Leased Property after Conclusion of the Lease Agreement
  
  Special Lien in Favour of the Lessor
  
  Seller's Liability Due to Defects in Purchase Agreements
  
  Non-competition Clauses for Employees: Limitation of Non-competition Clauses in terms of Place, Time, Subject and Restriction Authority of the Judge
  
  
  
  ENERGY LAW
  
  Key Amendments to Regulation on Licensed and Unlicensed Electricity and New Regulation on Renewable Energy Zones
  
  Control of Packing Wastes in Turkey and the General Framework of Legislation
  
  
  
  INTELLECTUAL PROPERTY LAW
  
  Trademark Rights under Industrial Property Law
  
  Trademark Right Infringements on the Internet
  
  Patent Rights under Industrial Property Law
  
  Intellectual Property Rights of the Employers
  
  
  
  PERSONAL DATA PROTECTION
  
  The EU General Data Protection Regulation and Its Territorial Scope
  
  Destruction of Personal Data
  
  Protection of Personal Data within the Scope of Labor Law
  
  Employer's Right to Govern and Personal Data Management
  
  
  
  MEDIATION
  
  Agreement Which Is Signed at the End of Mediation and Its Legal Qualification
  
  Mandatory Mediation in Labor Disputes
  
  
  
  MISCELLANEOUS
  
  Turkish Wealth Fund
  
  Operation of Economic Enterprises by Foundations
  
  How the US Foreign Corrupt Practices Act and the UK Bribery Act 2010 Can Impact Foreign Companies?
  
  Approach to Trust Law from a Civil Law Perspective
  
  Single European Sky
  
  Industry 4.0 and Its Impact in the Legal World
  
  General Legal Framework of Pharmaceutical Industry in Turkey
  
  The 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 DEVELOPMENTS
  
  Important International Agreements
  
  Important Council of Ministers Resolutions
  
  The Grand National Assembly of Turkey Decisions
  
  Important Changes and Developments in Laws
  
  Important Changes and Developments in Regulations
  
  Important Changes and Developments in Communiqués
  
  Important Cha