Newsletter 2017

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