Insights

Legal guidance and updates

Considered commentary on the legal and commercial questions that shape cross-border work across our jurisdictions.

58 insightsRSS

Turkish Guarantors in English-Law Financings: Suretyship Formalities, Spousal Consent and Enforcement
Corporate & Commercial

Turkish Guarantors in English-Law Financings: Suretyship Formalities, Spousal Consent and Enforcement

Loans arranged in London for Turkish groups are usually governed by English law, but the guarantees behind them come from Turkish companies and founders whose assets are in Türkiye. Turkish law asks for a handwritten maximum amount, a signature on paper and, for a married individual, the spouse's prior written consent. It also restricts guarantees within corporate groups. A guarantee that is valid in London can still fail where the money is.

38 min read
Building Ships in Türkiye under English Law: Newbuilding Contracts, Refund Guarantees and Yard Insolvency
Maritime

Building Ships in Türkiye under English Law: Newbuilding Contracts, Refund Guarantees and Yard Insolvency

Most newbuilding contracts with Turkish shipyards are governed by English law and refer disputes to London arbitration, and the buyer's instalments are secured by a refund guarantee from a Turkish bank. The contract is decided in London, but the hull, the yard and usually the bank are in Türkiye. A buyer's protection depends on a guarantee that can be called and collected without the help of a Turkish court, and on knowing which questions Turkish law answers whatever the contract says.

37 min read
English Trusts and Turkish Forced Heirship: Reserved Shares, Reduction Actions and Where the Assets Sit
Real Estate & Private Client

English Trusts and Turkish Forced Heirship: Reserved Shares, Reduction Actions and Where the Assets Sit

An English trust does not take assets beyond the reach of Turkish forced heirship as a matter of course. A Turkish court applies Turkish succession law to a Turkish citizen and can reduce lifetime transfers that encroach on the reserved shares of a spouse, descendants or parents. An English court will usually uphold a valid lifetime trust of English assets. The result turns on which court decides, where each asset is and how the trust was made.

27 min read
Parallel Proceedings Between Istanbul and London: Anti-Suit Injunctions, Lis Pendens and the Race to Court
Dispute Resolution

Parallel Proceedings Between Istanbul and London: Anti-Suit Injunctions, Lis Pendens and the Race to Court

When a Türkiye–UK dispute is brought before courts in both countries, neither is obliged to give way. Turkish courts do not treat a pending English case as lis pendens, while English courts may order a party to stop Turkish proceedings brought in breach of a London arbitration or jurisdiction clause. The outcome usually turns on the clause, on where each party can be reached and on what is done in the first few weeks.

29 min read
English-Law Debt and Turkish Restructurings: Concordat, Restructuring Plans and the Rule in Gibbs
Corporate & Commercial

English-Law Debt and Turkish Restructurings: Concordat, Restructuring Plans and the Rule in Gibbs

A confirmed Turkish concordat binds creditors in Türkiye, but under the rule in Gibbs it does not discharge a debt governed by English law. For Turkish companies with English-law loans, bonds or guarantees, a restructuring that holds in both countries usually needs an English-law mechanism alongside the Turkish one, and evidence that each order will be recognised where the assets are.

30 min read
Electronic Bills of Lading in Türkiye–UK Trade: Possession, Control and Misdelivery
Maritime

Electronic Bills of Lading in Türkiye–UK Trade: Possession, Control and Misdelivery

English law now allows qualifying electronic bills of lading to perform legal functions traditionally dependent on possession of paper. In Türkiye–UK trade, however, the carriage contract, the electronic document, proprietary rights in the cargo, the delivery obligation, the financing structure and the P&I position may still engage different legal regimes.

25 min read
The 2010 HNS Convention and Türkiye: Liability, Insurance and Compensation for Hazardous Cargo Incidents
Maritime

The 2010 HNS Convention and Türkiye: Liability, Insurance and Compensation for Hazardous Cargo Incidents

The 2010 HNS Convention will enter into force on 29 November 2027, introducing a new international liability and compensation regime for hazardous and noxious substances carried by sea. Türkiye is already a Contracting State. This briefing examines what the regime will mean for shipowners, insurers, cargo receivers, importers, terminals and claimants connected with Turkish maritime trade.

21 min read
Concordat in Türkiye: A Creditor's Guide to Security, Voting and Recovery
Dispute Resolution

Concordat in Türkiye: A Creditor's Guide to Security, Voting and Recovery

A Turkish concordat does not extinguish creditor rights, but it materially changes how those rights may be exercised. This briefing examines the process from temporary respite through confirmation, with particular attention to enforcement, collateral, continuing contracts, claim registration, creditor voting, guarantees, post-respite financing and remedies where the confirmed plan is not performed.

22 min read
Commercial Leases in Türkiye: Rent, Renewal, Assignment and Exit
Real Estate & Private Client

Commercial Leases in Türkiye: Rent, Renewal, Assignment and Exit

Commercial leases in Türkiye operate within a statutory framework that can override carefully negotiated contractual provisions. This briefing examines roofed workplace leases from rent review, renewal and foreign-currency restrictions to assignment, fit-out, property acquisitions, early exit, termination and dispute resolution.

22 min read

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