Practice Areas

• Maritime, Shipping, Railway & Transportation Law

 

 

Approximately 90% of the World’s trade is still being carried out by shipping. With the Turkish Straits (Istanbul and Canakkale) under the dominion of Turkey and the Black Sea, Turkey offers an important transit route for trade with the countries of the Mediterranean and Oceanic countries. However, due to the intensive use of the sea routes, all kinds of collisions, charter party contracts, maritime pollution, ship seizures and marine insurance disputes, specifically the issues arising out of lost, damaged, delayed and risky cargoes are encountered within Turkish Straits. Our maritime law team provides full-time and high-quality legal assistance to ship charterers, ship owners and seafarers. We represent our clients, both locally and internationally, in the disputes arising from all types of shipping, towage, logistics, chartering, establishment of port management issues, P&I and other contractual matters including mergers and acquisitions and joint ventures, ship building and repair, sale and purchase and financing in the maritime sector, as well as, all kinds of disputes relating to air, land and rail transportation.

 

Some of the issues for which we provide legal consultancy are as follows:

• Ship financing agreements and mortgage registration
• Ship sale contracts and new flag registration procedures
• Collision, pollution, disputes arising out of individual injuries
• Arrest of vessels
• Maritime trade and transport contracts
• International trade and transportation
• Disputes between the shipowners, the charterers, hull and machinery underwriters, P&I Clubs, cargo owners and other claimants
• Preparation and negotiation of loan agreements, security documents, lease contracts, MOA’s, Bills of Sale, Bills of Lading
• Shipbuilding agreements
• Provisional seizure of ships
• Escrow services for sale and purchase of ships
• Enforcement procedures (follow up on ship arrests in Turkish ports in order to ensure that the receivables of the freight owners and seafarers are collected)
• Compliance with regulations related to environmental law and relations with state institutions
• All types of disputes arising out of CMR, COTIF-CIM, MONREAL
• Passenger and crew claims, piracy, hijacking
• Product liability
• Salvage and Wreck removal
• Full representation of clients and follow-up on the sale process of the ships in the flag of any country and on the completion of the new flag registration in the requested flag state.

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  We have a hands-on approach and we are available 24/7 in order to deal with any sort of maritime casualties and other urgent matters that has occurred in Turkish Straits and require immediate attention in the most efficient and cost-effective manner. Aside from dealing with the emergency itself, we can also investigate the casualty and advise on the legal implications, how to minimize financial loss and reduce liability.

• Litigation & Arbitration & Mediation & DAB

Aslan&Partners have long-standing experience in the areas of litigation, arbitration and alternative dispute resolution. Our firm develops conflict resolution strategies to ensure the best outcome for our clients in or out of court and we strive to minimize costs and delay. We advise our clients on business decisions and plans that carry legal and litigation risks and provide alternative solutions that may or may not involve litigation. We regularly provide preventive and anticipatory advice to our retainer clients so that the disputes do not escalate to the courts. If a dispute becomes inevitable, we have the experience to represent our clients before various platforms across Turkey to the full extent of the law and attain the best possible outcome for our client.

We handle various contentious commercial and business disputes, including consumer claims, contractual disputes, real estate and lease litigation, shareholder disputes, creditors’ rights, commercial fraud, torts, white-collar crimes, issues related to tax law and franchise conflicts.

Mediation and Arbitration are rapidly growing areas of practice in Turkey. Alternative Dispute Resolution alternatives tend to be faster and helps to preserve ongoing relationships on amicable grounds. We advise and represent clients who wish to avoid traditional disadvantages of litigation, in alternative dispute resolution platforms. We also provide legal assistance in enforcement of foreign arbitral awards in Turkey.

Once we conclude the litigation processes for our clients, we continue our services in the field of execution and bankruptcy. We are known to be pragmatic, practical and quick in dealing with execution, commercial debt collection, arrangement of bankruptcy and solvency issues.

Our recent highlights are:

• Represented our client who is a leading chemical company in Turkey in an unfair competition lawsuit brought against one of the biggest chemical products manufacturing companies in Turkey.
• We are also representing one of the leading Spanish railway company in a case in railway sector.

• Corporate Governance, Company Law and M&A

 

Aslan&Partners offer sector-specific strategic and structural advisory services in relation to domestic and international M&A transactions, corporate restructurings, corporate law and general contract matters (e.g. joint ventures, partnerships, strategic alliances and shareholders' agreements). Having experience as both sell- and buy-side (including corporate auction processes), we work carefully to prioritize their aims and achieve their goals via best possible legal structures.

 

We have considerable expertise in negotiating and drafting of transaction documents in due-diligence for the acquisition of companies (including pre-, closing and post-closing related work), share purchase agreements (SPAs) and shareholder agreements (SHAs), exit strategies, control mechanisms and minority protection rights in order to enhance shareholder value of our clients. Our firm provides detailed memoranda and legal opinions in relation to corporate governance and regulatory compliance matters, we assist our clients in their ongoing corporate and commercial activities and conduct their routine corporate house-keeping. We are also experienced in establishing onshore, offshore and remote companies in Cook Island, Marshall Islands, Scotland, Delaware, British Virgin Islands and other reputable offshore jurisdictions. We also provide full-scope assistance to our clients who wish to participate in public tenders.

 

Our industry strengths are retail, chemical products, real estate and construction, highway and railroad construction, maritime, insurance, technology/media/telecom, energy and automotive. Our clientele includes global and local companies, start-ups as well as family-run SMEs.

 

Recent examples of Aslan&Partners work include:

• Advised Titan Ltd. in relation to formation of a joint venture agreement with a company operating in the highway construction field in relation to highway, viaduct and tunnel construction project in North India and Albania.
• Advised and established a liaison office in Pakistan for the project on the construction of helicopter platform and war ships between the leading company operating in defense industry sector and Pakistan fleet.

• Contract Law

   

  Aslan&Partners, provide legal advice to our individual and corporate clients across a diverse variety of industries in their day-to-day business matters and assist in the negotiation and drafting of all types of agreements including agency and distribution, manufacturing, co-promotion, sale and purchase, e-commerce, license, supply, franchise transportation and management agreements to name a few.

  Our initial aim is that the contract must be advantageous for the client today and ensure that it will protect their rights and interests in the future as well. We help to guide clients through the complexities to ensure their contracts provide the necessary framework for success.

  Recent examples of Aslan&Partners work include:

• Prepared all required legal and administrative documents for procurement of raw material for our client who is a leading company in the field of chemical products.
• Advised and prepared all the necessary legal documents for structuring the legal relationship between our client who is a company operating in the field of international expositions and the participants of such expos.

• Construction and Real Estate Law

Aslan&Partners are adept at handling all real estate transactions and litigation matters of our clients. We offer comprehensive services including but not limited to, commercial and industrial real estate development projects, title examination from the Deed Registry and resolution of defects; commercial & household leases; establisment and release of encumbrances; partition actions (=izale-i şuyu); probate and inheritance; conveyance of title; deeds of trust; rectification of title deeds and real estate closings. Our firm represents all the general contractors and sub-contractors, property owners, buyers, developers, investors, landlords, commercial or private tenants and architects.

We offer legal consultancy for a myriad of legal matters such as remodeling, constructing a new home or planning a complex commercial construction project. We provide legal and administrative assistance with contract negotiations & preparation (including FIDIC, subcontracting agreements, construction agreements in return for land share), expropriation of lands, sale, purchase and construction on military owned lands, enforcement, construction litigation, urban development, mediation and arbitration (including disputes that are handled before DAB) for sophisticated commercial real estate transactions.

• Information Technology, Telecommunication and Data Protection Law

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  Aslan&Partners acknowledge that the information technology sector is fast-paced with new blockchain technologies and smart-contracts emerging in. We assist local and international clients with devising and managing data privacy law compliance strategies, tailor compliance programs and prepare compliance reports in cooperation with IT companies. 

   

  We provide legal consultancy in data protection, IT, telecommunications, broadcasting and the internet law and regulations, and software licenses. Some of matters which we deal with are secured electronic signature, outsourcing, licensing, broadcasting, internet issues, privacy.

• Intellectual Property

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  Aslan&Partners advises on all aspects of Intellectual Property rights in order to maximize and protect the commercial potential of brands, ideas and technological advances of our clients. We help to manage trademarks, designs, copyrights, patents, know-how, geographical indications and internet domain names. Some of our IP related services are as follows: trademark and patent registration in Turkey and Europe, assisting and representing our clients in disputes and litigation before the civil, criminal and administrative courts and official governmental authorities, preparing documents for opposition and obtaining seizure, confiscation and destruction orders.

  Our clients turn to us for both our local knowledge & experience and ability to carry out all the necessary civil, criminal and administrative actions including conducting customs seizures of import, export and transport goods. Across the full spectrum of our IP offering, we also provide intellectual property counseling, loyalty programs and review of advertising claims in all media.

   

  Lastly, we offer advices for copyright law in music, photographic, literary, architectural and artistic works of art, cinematographic works, computer softwares and databases.

• Administrative, Tax and Regulatory Affairs

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  At Aslan&Partners, we are continuously informed about local, regional and national authorities and regulations in Turkey. We handle a broad range of matters, including regulatory, administrative and tax law issues and compliance with compulsory regulations across a wide range of regulated markets and industries.

   

  We tailor our services to the specific needs and expectations of our Turkish, European and other foreign investors clients with regard to complex and large-scale public contracts and development projects. We offer public advocacy before the Turkish administrative authorities and the Council of State in both cancellation and damages actions and we provide general guidance on the making and compatibility of laws and administrative regulations, communiques, decrees, guides and decisions.

   

  The sectors in which we provide our legal services are the following; chemicals, pharmaceuticals, medical devices, IT and telecoms, energy, product liability, consumer protection, advertisement, media and broadcasting.

   

  With regard to Tax Law, we provide legal advice on tax law matters (including but not limited to withholding tax, tax returns, corporate income tax, VAT, administrative dues and fines). We represent our clients before the courts on matters of tax cancellation, tax crimes, customs smuggling penalties and duties, transfer pricing and related issues.

• Banking and Finance

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  Aslan&Partners represents international and domestic lenders in loan and restructuring transactions. Transactions primarily comprise documentation and closing services. We provide assistance to our clients on capital markets regulations with respect to public offerings. We advise our clients with project finance transactions, particularly in drafting and negotiating project finance agreements, as well as establishment of necessary encumbrances.

  Furthermore, we assist our clients in matters of security agreements, public/private partnerships (PPPs) projects and procurement and outsourcing contracts. We provide legal assistance to financial institutions in accordance with banking and capital markets legislations.

• Civil Law (Matrimonial Law, Inheritance Law)

• At Aslan&Partners, we handle a wide range of cases from typical divorce cases to complex property division and financial cases. We deal with cases involving but not limited to divorce and Separation, child custody, child support, including reinstitution of relationship with the child, child visitation rights, alimony or spousal support, division of marital property, including the home and other real estate, retirement accounts, military retirement issues, adoption, contempt cases or cases to enforce prior court orders, pre-nuptial or pre-marital agreements, separation agreements, restraining orders, International disputes regarding children, annulment and name changes.

  As for inheritance law related issues, we ensure that our client is cared for, their assets are distributed exactly as they wish, and their estate is managed by people who acknowledge their ideas and will carry out their goals. We provide legal consultancy for heredity/succession, assist clients in drafting their wills. We design wealth-preserving estate plans, represent our clients in estate actions, inheritance disputes and all related property law matters. We lastly aid our clients with the recognition and enforcement of court decisions.

  Please be advised that family law cases can be very complex. Knowledge can go a long way to protect your assets and family relationships. To ensure our clients obtain successful results, we regularly collaborate with accountants, tax and financial planning experts, valuation experts, investigators, counselors, and other professionals.

• Competition and Antitrust

• Aslan&Partners, represents corporations, business associations, investment banks, partnerships, joint ventures nd individuals in a wide variety of competition law matters. We provide assistance with legal representation of our clients on Competition Law & Antitrust investigations (visits and seizures, litigation related to such investigations and to merger control) and litigation before Turkish courts with respect to anti-competitive practices, agreements and concerted practice allegations, abuse of dominant position and monopolies. Moreover, we assist our clients with merger control; ie. acquiring the necessary authorizations from the Turkish Competition Authority for mergers and acquisitions.

  We advise our clients on a day-to-day basis concerning business transactions that almost always contain antitrust law issues, including commercial agency agreements, brokerage contracts, mail-order contracts, distributorship, licensing, franchising and toll manufacturing.

  We have expertise in regulated sectors including automotive, energy, mining, transport, manufacturing and services.

• Criminal Law

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  As a full-service law firm, our goal is to make a difference in all of our clients’ lives. Hence, we are at our clients’ disposal in a broad range of criminal defense matters, including:

   

• Violent crimes
• Petty crimes
• DUI defenses
• White collar crimes
• Crimes related to military services (including but not limited to illegal draft evasion, failures to obey other lawful orders, and dereliction of duty, unlawful command influence)
• Tax crimes
• Cyber crimes
• Sexual harassment crimes

• At Aslan&Partners, we understand our clients’ specific criminal law issues and provide the highest quality legal service by assessing the strengths, weaknesses, opportunities and threats of our clients’ cases and formulating a strategy early on in their case that will gain them the best result and the quickest resolution. We do extremely thorough research and investigation in support of their case and to be available to answer their communications promptly and personally.

• Employment and Labor Law

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  Aslan&Partners offer legal consultancy, dispute resolution and litigation services on a broad area of law that governs the rights and duties between employers and workers. We do not only stick to one "side" of representations – ie. working only on behalf of employers. We often represent employees, or unions as well. Furthermore, we offer contract drafting services for both executives and regular employees including non-competition agreements, we conduct preparation and implementation of workplace regulations and we do follow-ups of work permit processes for expats.

  There is a very common misconception about labor courts that they “only decide in favor of employees”. However, laws also protect employers' interests, as we have won many cases in this regard. Current "hot" issues in labor and employment law which we deal with are cases regarding "wage and hour" violations, discrimination and mobbing in the workplace, and disputes over whether an individual is properly categorized as an "employee" versus an "independent contractor” and lastly, disputes between ship owners and seafarers in the maritime area. We aid with management of workplaces, advise clients on their issues relating to human resources; such as doing current performance evaluations or termination of an employee to minimize the risks of unlawful actions.

  We regularly represent our clients for all types of labor disputes during negotiation, mediation/reconciliation phase or at the litigation stage before the labor courts. 

• Environmental Law, Energy Law and Natural Resources

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  Energy market is one of the fastest growing markets in Turkey. Especially the renewable and sustainable energy sources like solar power and wind power are vital for the development of Turkish energy sector and economy. At Aslan&Partners, we provide legal consultancy with regards to electricity, natural gas, energy acquisitions, project finance and energy regulations.

  Furthermore, we keep ourselves and our clients updated on important environmental issues and emerging regulatory obligations. We assist our clients with regard to regulatory compliance and transactional matters (including but not limited to obtaining environmental permits and clearances required for industrial activities). Our services also include negotiating concession agreements, development of solar energy plants and preparation of documents to obtain from or to submit to regulatory authorities.

• Insurance and Re-insurance

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  Aslan&Partners assist its clients on all matters relating to the insurance, reinsurance, insurance activities of banks and loan insurance sectors. Our insurance and re-insurance team works closely with the Corporate and Commercial department on deals involving acquisitions, mergers or strategic ventures of insurance companies or brokers. Our team also works closely with our Banking, Finance & Capital Markets Department on insurance activities of banks and financing deals involving insurers or reinsurers (including securitization transactions) and with our Litigation - Arbitration & Shipping Transport departments to handle litigation matters relating to insurance and re-insurance. 

   

  Our insurance litigation team provides general legal consultancy and litigation to companies and consumers with regard to health insurance and other life and non-life insurance matters. 

   

  For those clients who want to avoid the hurdle of the litigation process and cut to the chase so-to-speak, we assist with claiming of compensation via voluntary insurance arbitration system provided by the Insurance Arbitration Commission of Turkey.