Dispute Resolution

For international investors, cross-border commercial and investment disputes can be effectively managed through arbitration and alternative dispute resolution mechanisms. Türkiye is a party to the 1958 New York Convention and over 100 bilateral investment treaties, offering a favourable legal framework for the enforcement of foreign arbitral awards and ICSID arbitration. Emir Law & Consulting provides representation and strategy services across a broad spectrum from international commercial arbitration to investor-state disputes.

International Commercial Arbitration: ISTAC and ICC

The Istanbul Arbitration Centre (ISTAC) is Türkiye's leading arbitration institution. The ISTAC Rules provide a predictable, efficient and competitively priced framework for international commercial disputes. We also work with experience under ICC International Court of Arbitration, LCIA and UNCITRAL Rules for ad hoc arbitration proceedings. We provide full legal support in early case strategy formulation, arbitrator selection, jurisdictional objections, evidence submission, witness and expert management, hearing preparation and post-award enforcement stages.

Bilateral Investment Treaties (BITs) and ICSID

Türkiye has signed bilateral investment treaties (BITs) with over 100 countries. These treaties grant foreign investors rights including fair and equitable treatment (FET), full protection and security, compensation against expropriation and investor-state dispute settlement (ISDS). Under BITs, actions may be brought against the state through ICSID, UNCITRAL or ad hoc arbitration. We provide strategic advisory in BIT claim assessment and ICSID applications for foreign investors who have suffered loss as a result of Türkiye's expropriation, licence cancellation or regulatory intervention.

Enforcement under the New York Convention

Under the New York Convention, to which over 170 states are party, foreign arbitral awards may be enforced before Turkish courts. Enforcement actions are filed before the competent Commercial Court of First Instance, and once the award has been duly served, it is transferred to the enforcement process. Grounds for objection to enforcement (public policy, procedural irregularity, invalidity of the arbitration agreement) are limited. We provide representation in both enforcement applications and enforcement objection defences.

Interim Measures and Emergency Arbitration

During arbitration proceedings, interim measures may be sought from both the arbitration institution (ISTAC Emergency Arbitrator, ICC Emergency Arbitrator) and Turkish courts to preserve assets or prevent breach of contract. We have the capacity to provide urgent support in these time-critical processes.

Alternative Dispute Resolution (ADR)

Prior to arbitration, negotiation and mediation can be an advantageous option in terms of cost and time when the objective is to preserve the ongoing commercial relationship. We also provide representation and strategy support in proceedings conducted under the ISTAC Mediation Rules or international commercial mediation frameworks.

Our Services

• Design of arbitration clauses and dispute resolution mechanisms for contracts
• Party representation in ISTAC, ICC, LCIA and ad hoc arbitration
• Arbitrator selection, jurisdictional objections and merits defence strategy
• BIT investor-state claim assessment and ICSID applications
• Enforcement of foreign arbitral awards under the New York Convention
• Recognition and enforcement of foreign court judgments (exequatur)
• Enforcement objection defence (public policy, procedural irregularity)
• Interim measures and emergency arbitrator applications during arbitration proceedings
• Representation in international mediation and negotiation processes
• Post-award enforcement process management

Why Emir Law?

In international arbitration, language, procedure and strategic experience directly determine the outcome. Our team, with its experience in Turkish law, international arbitration practice and BIT/enforcement proceedings, represents our clients robustly on both the claimant and respondent side.