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International Litigation & Arbitration

BALKAYA & BALKAYA has successfully represented clients in all aspects of dispute resolution of international claims. BALKAYA & BALKAYA's ability to provide cultural understanding, language capabilities and a global perspective uniquely positions the firm to actively and creatively resolve disputes that arise out of the global activities of our clients in foreign and emerging markets. In this respect, the Firm generally performs the negotiations between the parties and gives legal advice as to the solution of the dispute. In case parties cannot find a mutual solution, BALKAYA & BALKAYA represents its clients by applying to the relevant Arbitration authorities to initiate the arbitration procedure or resorting to other alternative remedies such as mediation and conciliation.

Our experience is not limited to obtaining awards or successfully resolving disputes in favor of our clients.  We also have extensive experience in transnational legal problems involving attachment of assets and enforcement of judgments in various parts of the world. 

Many of our representations include matters of extraordinary complexity, such as parallel domestic and international proceedings, multi-jurisdictional arbitration proceedings, or complex issues of law under multiple legal systems or in countries where rules are not well defined. Responding to these complex international problems demands the coordination of national and international strategies. BALKAYA & BALKAYA meets those demands by assembling a team of lawyers, as needed.  This allows us to field the best litigation team possible and represent the client efficiently and cost-effectively.

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International Trade

The firm's major areas of international practice include: 

•  Advising international corporations on investment and operations, particularly regarding taxes, investments, acquisitions, joint ventures, sales, defense procurement, product liability, distributorship, technical assistance and licensing arrangements, international trade and customs. 

•  Representing national and foreign clients in their business of personal activities and investments around the world.  Advising foreign companies seeking to access the Turkish capital markets. 

•  Structuring and coordinating multi jurisdictional offerings of securities by national and foreign issuers.

•  Negotiating and documenting major project financing, drafting franchising and sole agency contracts.

• Counseling clients on European Union directives and regulations, and representing clients in proceedings before agencies of the EU. 

•  Transnational litigation and arbitration.

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Execution and Bankruptcy Law

The Firm executes and finalizes the execution proceedings and generally deals with the followings issues: All types of execution and bankruptcy proceedings, investigation of debtors' holdings and financial situation, performing attachments, realization of attached goods, apportionment, getting bankruptcy judgments from the commercial courts, performing all related transactions regarding bankruptcy proceedings, resorting for interim measures to prevent irreparable harm, such as injunctions, attachments, provisional remedies and application of related orders, third-party claim proceedings, sale of attached/pledged goods, such as automobiles, criminal cases related to execution proceedings.

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Commercial Law, Banking & Corporate Finance

In the general corporate area, our practice involves a full range of matters including corporate structuring, shareholder questions, directors and officers responsibility, re-structuring, shareholder agreements, licensing and distribution agreement's, attending negotiation and preparation of all types of contracts and commercial agreements, corporate and finance matters, including mergers and acquisitions, asset sales and purchases, structural (re-capitalization) transactions, venture capital finance, project finance, real estate loans, insolvency and reorganizations and all types of international transactions and joint ventures, financing documents, voting and buy-sell agreements among investors and other transaction documents, negotiating and drafting agreements, establishment of companies-offshore/onshore companies in various jurisdictions abroad, giving legal advice on and litigating general commercial and banking matters.

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Intellectual Property

BALKAYA & BALKAYA has an extensive practice in the fields of copyright and trademark law, and in the acquisition, registration, licensing and protection of proprietary rights, including know-how, trade secrets, rights of privacy and rights of publicity.  The firm has particular expertise in the licensing and protection of those rights.

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Maritime Law

Substantive area of maritime law experience encompass jurisdiction, including choice of law and choice of forum; arrest, seizure and release of vessels and the assertion/defense of maritime liens; business interruption, lost profits, and loss of use litigation; cargo loss, damage, dock damage and contamination; charter party disputes, crew and shore labor litigation; general coverage, hull and machinery losses; maritime casualties, including collisions, explosions, salvage, and stranding; marine insurance, reinsurance and brokerage issues; maritime products liability involving vessels of every description; oil spill, offshore oil well blowouts and drilling and exploration failures, pollution, and other environmental cleanup issues relating specifically to ship operations, political risk including terrorist activity, special risk insurance, and reinsurance; terminal operator and shipyard liability; and mass tort litigation in the courts of Turkey as well as a variety of foreign countries. 

We negotiate charter parties and arbitrate and litigate charter party disputes for ship owners, charterers and subcharterers. We draft bills of lading, towage agreements, freight rate agreements and collective bargaining agreements among other maritime contracts.

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Real Estate Law

Obtaining proprietary right, annulment of title deed, registration and third-party claim proceedings, mortgages, realization, beneficial interest, usufruct, pre-emption, right of way, option to purchase, disputes in connection with pre-emption and personal rights, obtaining proprietary right in Turkey for foreigners, getting mortgages on behalf of foreign clients on the immovable in Turkey.

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Competition Law and Anti-Dumping Investigations

Handling the conduct of the anti-dumping investigations initiated by the Undersecretariat of the Turkish Prime Ministry for Foreign Trade or foreign institutions and representing the companies in these investigations in light of the prevention of unfair competition in importation.

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Labor Law

Giving legal advice on relations between the employer and the employee, drafting and reviewing employment contracts, representing clients before courts and other relevant authorities on various labor law issues.

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Family Law

Representing clients in divorce cases, guardianship and care proceedings, inheritance, drafting protocols on divorce and holdings sharing.

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