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Legal Services for
Cross-Border Disputes

Nine practice areas. One integrated approach.

From international commercial arbitration to enforcement of foreign awards in Turkey — Özgören Law Firm provides specialist counsel across every stage of cross-border dispute resolution.

Based in İzmir and acting globally — in ICC, HKIAC, ICSID, UNCITRAL, and ISTAC proceedings. Fluent in English and Turkish, with experience across Europe, Asia, Africa, and North America.

International Commercial Arbitration

Full counsel and co-counsel representation in cross-border commercial arbitration proceedings. For clients requiring a specialized arbitration lawyer in Izmir, our local presence ensures seamless coordination with Turkish courts.

A
ICC · HKIAC · UNCITRAL · LCIA · ISTAC

Institutional Arbitration — Counsel & Co-Counsel

Complete case management in proceedings before major arbitral institutions. We manage the entire litigation lifecycle with procedural rigour, often coordinating with tribunal secretaries to ensure efficiency.

  • Request for Arbitration and Answer drafting
  • Written submissions, memorials & replies
  • Witness preparation and coordination
  • Expert coordination and cross-examination
  • Oral advocacy at the evidentiary hearing
  • Post-hearing brief preparation
View arbitration services →
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Ad Hoc Proceedings

UNCITRAL Ad Hoc Arbitration

Strategic guidance in ad hoc proceedings under UNCITRAL Rules. Our approach combines institutional discipline with the flexibility of ad hoc frameworks for disputes involving Turkish parties.

  • Arbitrator selection and appointment strategy
  • Procedural order and timetable drafting
  • Seat and governing law analysis
  • Interim measures and emergency applications
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Emergency Relief

Emergency Arbitration & Interim Measures

Fast-track procedural support for emergency applications. When immediate relief is needed, we coordinate closely with local courts to ensure the enforceability of interim measures.

  • Emergency arbitrator applications (ICC, HKIAC, ISTAC)
  • Asset preservation and freezing orders
  • Anti-suit injunction strategy
  • Coordination with local courts for interim relief

Investment Treaty Arbitration

Turkey is a party to over 100 bilateral investment treaties. We advise foreign investors on the full spectrum of treaty claims before ICSID and UNCITRAL tribunals, grounded in direct experience at the UNCITRAL Secretariat in Vienna.

A
ICSID · UNCITRAL

ICSID & UNCITRAL Investment Arbitration

Representation in treaty-based arbitration. For foreign entities entering the market, we integrate this expertise into our corporate advisory for foreign companies to mitigate treaty risks.

  • ICSID Convention and Additional Facility proceedings
  • UNCITRAL Rules investment arbitration under BITs
  • Jurisdictional and admissibility objections
  • State responsibility and attribution analysis
  • Quantum and valuation methodology disputes
  • Annulment proceedings before ICSID committees
View investment arbitration →
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Bilateral Investment Treaties

BIT Claims & Treaty Analysis

In-depth analysis of BITs to identify available protections. This analysis is critical for the prevention of disputes and the structuring of long-term investments.

  • BIT applicability and MFN clause analysis
  • Expropriation and regulatory taking claims
  • Fair and equitable treatment standard
  • Energy Charter Treaty Article 10 claims
C
ISDS Reform · UNCITRAL WGIII

ISDS Reform Advisory

Specialist guidance on the evolving investor-state dispute landscape, drawing on direct involvement in UNCITRAL Working Group III.

  • UNCITRAL WGIII developments and treaty implications
  • Multilateral Investment Court planning
  • Treaty renegotiation and sunset clause analysis
  • State advisory on ISDS exposure and treaty policy

Enforcement & Recognition of Foreign Awards

Converting an award into a real outcome. We provide strategic guidance from the drafting stage of the arbitration process to ensure that the final award is enforceable in Turkey.

A
New York Convention · Turkey

Enforcement of Foreign Arbitral Awards in Turkey

Guiding award-holders through exequatur proceedings. Our expertise ensures that the investment awards or commercial awards are recognized without procedural delays.

  • Exequatur applications before Turkish courts
  • Article V defence and counter-argument strategy
  • Asset tracing and attachment proceedings
  • Multi-jurisdictional enforcement coordination
View enforcement services →
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Foreign Court Judgments · MÖHUK

Recognition of Foreign Court Judgments in Turkey

Recognition and enforcement under MÖHUK for judgments from EU, US, UK, and other jurisdictions, complementing our advisory for international businesses.

  • MÖHUK recognition and enforcement proceedings
  • Reciprocity and enforceability analysis
  • Enforcement against Turkish-domiciled defendants
  • Bilateral treaty applicability review
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Award Challenges

Challenging or Opposing Enforcement

Defending against enforcement proceedings based on public policy or due process objections, often in connection with complex commercial disputes.

  • Public policy (ordre public) objections
  • Due process and jurisdiction challenges
  • Setting-aside applications before Turkish courts
  • Stay of enforcement applications
100+
Turkish Bilateral Investment Treaties
170+
New York Convention Contracting States
ICC · HKIAC
Institutional Secretariat Experience
4
Continents — Global Practice

Tribunal Secretary Services

Independent procedural support to arbitral tribunals. Drawing on HKIAC Secretariat experience, we provide a bridge between the tribunal and the parties to ensure a smooth process.

A
Institutional & Ad Hoc

Administrative Tribunal Secretary

Comprehensive procedural secretariat services. This neutral role complements our commercial arbitration practice by providing deep insight into tribunal expectations.

  • Procedural timetable and order management
  • Party and institutional correspondence
  • Document management and tribunal file organisation
  • Hearing logistics and minute-keeping
View tribunal secretary services →
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Research & Hearing Support

Legal Research & Hearing Management

Discreet research assistance and hearing support, ensuring that the investment arbitration or commercial proceedings are handled with peak efficiency.

  • Comparative law and procedural precedent research
  • Award drafting assistance (at tribunal direction)
  • Pre-hearing conference organisation
  • Transcript, recording and virtual hearing support

Cross-Border Legal Advisory

Proactive legal structuring for foreign companies entering Turkey. We align corporate setup with a robust dispute prevention strategy from day one.

A
Market Entry · Turkey

Foreign Companies Operating in Turkey

End-to-end guidance for foreign entities. We ensure that your company structure is compatible with future enforcement needs and local regulatory requirements.

  • Corporate structure and establishment review
  • Turkish regulatory compliance overview
  • Joint venture and shareholder agreement review
  • Dispute resolution clause and governing law design
View foreign companies advisory →
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Sanctions & Compliance

Sanctions & Regulatory Risk Advisory

Analysis of EU, US, and UK sanctions exposure, providing a safety net for international companies transacting with Turkish entities.

  • EU, US, and UK sanctions screening and analysis
  • Contract clause adaptation for sanctions risk
  • Force majeure and material adverse change
  • Cross-border payment and trade compliance
C
Legal Opinions

Turkish Law Legal Opinions & Expert Reports

Formal opinions on Turkish law for use in international arbitration or due diligence processes, delivered by a fluent bilingual practitioner.

  • Expert opinions on Turkish arbitration law
  • Foreign law opinions for use in proceedings
  • Enforceability and governing law opinions
  • Due diligence support for cross-border transactions

Contract Drafting & Dispute Prevention

Preventing disputes before they arise. Our dispute prevention services focus on precision drafting to avoid the costly "pathological clauses" that lead to satellite litigation.

A
Arbitration Clauses

Arbitration Clause Drafting & Review

Bespoke clauses tailored to the risk profile of the deal. This is the first line of defense in our dispute prevention framework.

  • Pathological clause identification and correction
  • Seat, rules, and language selection
  • Multi-tier dispute resolution clauses
  • Carve-out clauses for interim court relief
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Commercial Contracts

International Contract Structuring

Structuring agreements for enforceability. We ensure that contracts for foreign companies are robust and minimized for risk.

  • Joint venture and shareholder agreements
  • Distribution, agency & franchise agreements
  • Construction and infrastructure contracts
  • Energy and natural resources agreements
C
ADR & Mediation

Multi-Tier Dispute Resolution Framework Design

Combining negotiation, mediation, and arbitration. A strategic approach to preventing full-scale disputes while preserving commercial relationships.

  • ICC and CEDR mediation clause drafting
  • Expert determination and adjudication clauses
  • Dispute boards for construction contracts (FIDIC)
  • Tiered escalation clause design and review

Pre-Dispute Strategic Advisory

Mapping risks before they escalate. Early engagement allows us to structure your position for the strongest possible outcome in commercial or investment arbitration.

A
Risk Assessment

Contractual Vulnerability Mapping

Identifying drafting weaknesses and enforcement gaps. This is a core component of our pre-dispute advisory.

  • Clause-by-clause legal risk review
  • Limitation period and notice requirement analysis
  • Governing law and jurisdiction audit
  • Cross-border enforcement risk mapping
B
Merits Evaluation

Early Case Assessment & Merits Analysis

Objective assessment of strengths and weaknesses before filing a Request for Arbitration.

  • Quantum and liability preliminary analysis
  • Notice compliance and procedural prerequisites
  • Procedural strategy options and risk analysis
  • Settlement leverage and negotiation positioning
C
Evidence Preservation

Evidence Preservation & Document Strategy

Ensuring compliance with IBA Rules on the Taking of Evidence, securing your position for future investment treaty claims.

  • Litigation hold and document preservation advisory
  • IBA Rules on the Taking of Evidence compliance
  • E-disclosure and data management strategy
  • Witness identification and preliminary statements

Sector-Specific Dispute Experience

Targeted sector knowledge applied to every engagement. Whether it is a treaty claim in energy or a FIDIC dispute in construction, we provide context-aware legal counsel.

I

Energy & Natural Resources

Investment and commercial disputes from energy regulation, renewable energy incentive changes, and oil & gas contract terminations — including Energy Charter Treaty claims.

  • Solar and wind energy regulatory disputes
  • ECT Article 10 and expropriation claims
  • Power purchase agreement disputes
  • Oil & gas JOA and PSA conflicts
II

Construction & Infrastructure

Disputes under FIDIC, NEC, and bespoke construction contracts — delay, disruption, variation, and defect claims in major international infrastructure projects.

  • FIDIC Red, Yellow & Silver Book disputes
  • Delay, disruption & extension of time claims
  • Defects and performance guarantee disputes
  • DAB/DAAB adjudication support
III

M&A & Post-Acquisition

Disputes from cross-border mergers and acquisitions — warranty and indemnity claims, earn-out disagreements, and post-completion account adjustments.

  • Warranty & indemnity (W&I) arbitration
  • Earn-out and completion accounts disputes
  • Representations and warranties claims
  • Shareholder exit and buy-out disputes
IV

Shipping & International Trade

Disputes from international trade transactions — carriage of goods by sea, commodity contracts, and letters of credit under English and Turkish law.

  • Charter-party and bill of lading disputes
  • GAFTA/FOSFA commodity arbitration
  • Trade finance and documentary credit disputes
  • Cargo damage and demurrage claims
V

Technology & IP Licensing

Cross-border disputes from technology licensing, software development contracts, joint R&D agreements, and intellectual property ownership conflicts.

  • Software and SaaS contract disputes
  • Licensing and royalty disagreements
  • IP ownership and technology transfer conflicts
  • R&D collaboration and spin-off disputes
VI

Financial Services & Banking

Cross-border financial disputes — derivative contract claims, loan agreement conflicts, and regulatory enforcement actions with an international dimension.

  • Derivatives and structured product disputes
  • Cross-border loan and credit facility conflicts
  • Fund investment and subscription agreement disputes
  • Regulatory enforcement challenge support

From First Briefing to Final Award

Every engagement follows a consistent methodology — combining an honest early case assessment with decisive advocacy at every subsequent stage. Prevention first; resolution when necessary.

01

Initial Assessment

We analyse the dispute, applicable law, and arbitration rules — providing an honest evaluation of merits, costs, and realistic timelines before any commitment is made.

02

Strategy & Filing

We design the litigation strategy, draft the Request for Arbitration or Defence, and manage tribunal constitution and all procedural timetabling.

03

Evidence & Hearings

Preparation of written submissions, witness statements, and expert coordination — culminating in focused oral advocacy at the evidentiary hearing.

04

Award & Enforcement

Post-award strategy including challenge proceedings, recognition, and multi-jurisdictional enforcement — converting the award into a real, tangible outcome.

Frequently Asked Questions

Yes. Turkey ratified the 1958 New York Convention in 1992. Foreign arbitral awards are enforceable before Turkish courts through exequatur proceedings — subject to the limited grounds for refusal under Article V of the Convention, including public policy. Özgören Law Firm guides award-holders through the full enforcement process, from filing the exequatur application to asset recovery.
The ICC Court of Arbitration (Paris) is most frequently used for Turkish cross-border commercial disputes. ICSID is the primary forum for investment treaty claims against the Turkish State. HKIAC, ISTAC (Istanbul), LCIA, and UNCITRAL ad hoc proceedings are also regularly encountered in our practice.
Yes — our practice is international by design. We advise and represent clients across Europe, Asia, Africa, and North America, and regularly appear in arbitrations seated outside Turkey. We are fluent in English and Turkish, and coordinate with local counsel in other jurisdictions where required.
A tribunal secretary provides independent procedural and administrative support to arbitral tribunals in complex proceedings — managing correspondence, timetables, hearing logistics, and (within strict ethical limits) legal research. Drawing on direct experience at the HKIAC Secretariat, Özgören Law Firm provides this service in full compliance with ICC, HKIAC, and other institutional guidelines on secretary conduct and independence.
Critically important. A poorly drafted arbitration clause — sometimes called a "pathological clause" — can render the entire dispute resolution mechanism unenforceable, leaving parties with no agreed forum and costly satellite litigation over jurisdiction. We advise on clause drafting as a core part of transaction structuring, tailored to the governing law, seat of arbitration, and the specific risk profile of each deal.
Yes. Turkey has concluded over 100 bilateral investment treaties, providing foreign investors with protections against expropriation, denial of fair and equitable treatment, and discrimination — and granting access to international arbitration (typically ICSID or UNCITRAL) to enforce those protections. Turkey is also a signatory to the Energy Charter Treaty.
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