Provisions regarding various legal issues are regulated under the Law on Procedure Regarding Commencing Execution Proceeding Pertaining to Monetary Claim Arising from Subscription Agreements numbered 7155 (“The Law”) published in the Official Gazette dated December 19, 2018 and numbered 30630.
In this context, one of these regulation is that Turkish Commercial Code numbered 6102 (“TCC”) contains a new provision that mediation method is a pre-condition to file a lawsuit for commercial disputes related to payment of a sum based on monetary claims and compensation claims, before taking such a dispute to the court. Mentioned procedure shall come into force as of January 1, 2019.
Besides, as per provisional article 12 of TCC which is stated under the Law, articles regarding the mediation method shall not be applied to the lawsuits hearing before the courts of first instance, regional courts of justice and the Court of Appeal as of January 1, 2019.
Additionally, pursuant to article 18/A of Law on Mediation in Civil Disputes numbered 6325 which is regulated under the Law, provisions of above-mentioned article shall be applied to the mediation process in the case that mediation method is adopted as pre-condition to file a lawsuit by any parties of any agreement. Some remarkable provisions of the above mentioned article are as follows: (i) in the case that the parties of an agreement do not resort to a mediator, the lawsuit shall be dismissed without prejudice, (ii) the provisions related to mediation method as a pre-condition to file a lawsuit shall not be applied provided that as per other legislation, arbitration or alternative dispute resolution ways shall be applied to the case and/or arbitration agreement is signed between the parties, (iii) on the condition that a mediation process does not come to an end due to the party who do not participate in the first meeting of the mediation procedure without a justifiable ground, he shall be liable for lawsuit expenses even though he is prevailing party pursuant to the consequence of the lawsuit.
You may reach the Law hereby.
If there is need of any other information about the article, please contact the below stated person.
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Ersin Nazalı Managing Partner, Attorney, CPA enazali@nazali.av.tr |
Hatice Zümbül Director, Litigation and Dispute Resolution hzumbul@nazali.av.tr |