Since the COVID-19 coronavirus was first reported in Wuhan, China in December 2019, strict and unprecedented measures have been gradually imposed by governments around the globe to limit risks of contagion. On 11 March 2020, the severity of the phenomenon was emphasised by the World Health Organization (WHO)’s declaration of COVID-19 as a global pandemic. As circumstances continue to evolve, substantial business and operational disruptions are a cause of great uncertainty that now reigns in various sectors and trade relations around the world. The implications are particularly profound when it comes to performance of contractual obligations in view of COVID-19’s far-reaching socio-economic effects. In this context of a health crisis exacerbated by the unexpected nature of the outbreak, the main issue is whether parties to affected commercial contracts may invoke force majeure as an argument to justify for failure to perform their contractual obligations.
For contracts governed by Turkish law, the first observation to be made is that the concept of force majeure and its defining conditions are not explicitly provided in the Turkish Code of Obligations (TCO) (published in the Official Gazette dated 4 February 2011 and numbered 27836) (Law No. 6098). The Court of Cassation has come to clarify at various occasions what should be understood by force majeure and under which circumstances parties are entitled to rely upon this concept. Within the framework of the case law and legal doctrine, it can be said that force majeure is deemed to arise when a contracting party’s performance is materially affected by (i) an event beyond his reasonable control, (ii) the effects of which could not have been foreseen at the date of commencement of the legal relationship and (iii) avoided despite all appropriate measures being taken. Continue reading “Sponsored briefing: How to handle contractual disputes in the COVID-19 era”
The novel coronavirus, now officially known as COVID-19, was first seen in Wuhan, China in December 2019 and continues to spread rapidly worldwide. The World Health Organization (WHO) declared it an ‘epidemic’ first and then a ‘pandemic’ on 11 March 2020.
As COVID-19 cases continue to surge amid crashed markets and overwhelmed healthcare systems, it is also taking a toll on contractual relationships as countries continue to take drastic measures to flatten the curve of the pandemic. These measures include the ordering of curfews, travel bans and state of emergencies, all of which undoubtedly have enormous impacts on businesses and contracts. Continue reading “Sponsored briefing: The COVID-19 Handbook – Force majeure and contracts”
The coronavirus (COVID-19) pandemic constitutes a major problem for the economy and employer-employee relations in Turkey and all over the world. At such a time, it is important to know how the pandemic affects the rights and responsibilities of the employer and the employee. At the same time, it is very difficult for employees and employers to predict how they will come through this, because of the shrinking economy. People tend to do the wrong things in times of crisis. First of all, they can make hasty and wrong decisions in order not to damage themselves. But we should not forget that the law is basically still the same. Although regulatory changes are made according to conditions, like a pandemic, people should not deviate from the basic regulations. Continue reading “Sponsored briefing: Coronavirus’ effects in terms of Turkish labour law”
SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) is one of the largest and most established law firms in the Philippines, marking its 75th anniversary in 2020. It is full service and has been consistently ranked as a top-tier firm in the country for all practice areas by international legal practice guides.
SyCipLaw is the Philippine counsel of choice in the most significant commercial law disputes involving local transactions, and has represented clients at every court level including the Supreme Court. Among Philippine advisers it has unparalleled expertise in international and local arbitration. The firm’s litigation group also has experts in specialised proceedings and tribunals, such as those for tax and IP cases. Continue reading “Sponsored firm profile: SyCip Salazar Hernandez & Gatmaitan”
Zeena Saleh, associate, and Chris Brennan, partner, at White & Case on corporate culture
The concept of corporate culture was the focus of much discussion at the Legal Business Financial Regulatory and Disputes Summit 2020 (the Summit). Since the 2007/08 financial crisis, culture is a concept that has become an increasingly important priority for financial services firms and conduct regulators across the globe. There is no doubt that firms and their senior managers are more aware of the importance of ensuring a good corporate culture throughout their business. However, with more reports of financial and non-financial misconduct within the market, it seems likely that regulators will consider further work needs to be done.
Continue reading “Sponsored briefing: A cultural shift – has the fallout from the financial crisis changed corporate culture in financial services or is there still work to be done?”
Stephen Goldie discusses Brodies’ growing litigation practice and the increasing popularity of ADR
Brodies’ position as the leading independent law firm in Scotland is well established. The only Scottish firm in the UK top 50, Brodies continues to employ more lawyers, increase revenue and has achieved more directory rankings than any other firm in its jurisdiction. But, like other firms in the UK, there are any number of new challenges, changes and uncertainties shaping the climate in which we live and work.
Continue reading “Sponsored briefing: Seeing
litigation through many lenses”
DLA Piper’s EU-Greek practice draws from the widest pool of experience and track record in EU/international and domestic law to offer a full range of services to clients doing business with, in and from Greece and Cyprus. The team comprises highly-qualified legal professionals, each bringing a core level of skills and experience in domestic public and private law, energy law, M&A, as well as EU and competition law. Under the leadership of Orestis Omran, the team advises Greek and Cypriot businesses and governmental organisations, as well as international businesses active in the Greek and other regional markets.
The EU-Greek practice serves as a gateway in two directions: inbound and outbound – to and from Greece and Cyprus. The Brussels-based team is also in a unique position to represent the interests of Greek-speaking clients at the law and policy-making levels of the EU institutions in Brussels. The team works very closely with the London finance and projects team on transactional matters, including structured finance, project and privatisations work.
Continue reading “Sponsored firm profile: DLA Piper”
Pinsent Masons discusses exciting times for UK patent litigation in 2020 and beyond
For the past four years, Brexit has dominated the legal headlines as well as the popular press. It would be remiss in 2020, the year in which the UK leaves the EU, to fail to acknowledge its significance. However, despite the political and economic uncertainty, we patent lawyers are confident that 2020 will see business as usual in the UK courts. Continue reading “Sponsored briefing: Business as usual in the UK courts”
‘Brodies’ expertise and knowledge within the Scottish litigation arena is second to none. They provide a high level of service and succeed in putting their clients’ best interest at the forefront of their advice.’
Chambers and Partners UK 2020
Head of litigation and partner
+44 (0) 141 245 6226
firstname.lastname@example.org Continue reading “Sponsored firm profile: Brodies”
Hardwicke’s Laurence Page and Michael Marris on Sharp v Blank  EWHC 3078 (Ch)
Does the latest Lloyds/HBOS litigation (Sharp v Blank  EWHC 3078 (Ch)) underline the old saying that you shouldn’t put robbers to work in a bank? Lloyds shareholders might say so, having lost out in a multimillion-pound legal fight against the bank following its acquisition of HBOS at the zenith of the 2008 financial crisis – but theirs was a view with which the High Court did not agree. Continue reading “Sponsored briefing: The latest from the Lloyds/HBOS litigation”