SCH-Legal supports domestic and foreign clients in resolving legal disputes through alternative dispute resolution, arbitration and court proceedings, in areas such as civil law, the law of obligations, contract law, commercial law, tax law, real estate law, the law on foreigners and criminal law.
We also prepare formal notices for the collection of receivables, initiate enforcement and bankruptcy proceedings, and file collection actions.
What we do
- Disputes are approached from an integrated perspective
- We work with a broad network of experts, from financial specialists to IT experts
- We aim to resolve disputes at the lowest cost and in the shortest time
- We aim to settle disputes at the table before they turn into litigation
Frequently asked questions
Common questions on litigation and mediation
Before a dispute starts and while it is under way.
Do we have to go to mediation before suing in a commercial dispute?
For claims for payment of a sum of money, including receivables and damages, yes. Mediation is a precondition for bringing these cases, and if it is skipped the case is dismissed on procedural grounds. Since 2023, mandatory mediation also applies to some other disputes, such as tenancy disputes and actions to dissolve co-ownership.
How long does a commercial case take?
It is not possible to give a fixed time. The court’s workload, whether an expert report is needed, and whether the judgment goes through appeal and cassation all affect it. With every stage included, the process can take several years.
That is why, when we build a litigation strategy, we look at interim measures such as preliminary injunctions and attachments, and at the chance of settlement, from the outset.
Our contract has an arbitration clause. Can we still go to court?
If there is a valid arbitration agreement and the other side raises it as a preliminary objection, the court will dismiss the case on procedural grounds. An arbitral award can only be set aside on the limited grounds listed in the law. A foreign arbitral award needs recognition and enforcement before it can be enforced in Turkey.
What should we prepare before filing a case?
Gather the contract, correspondence, invoices and delivery records. If evidence may be lost, ask the court for an evidence determination, and send the other side a formal notice. If you are worried about collecting the receivable, this is the stage to consider a preliminary attachment.
Some disputes are resolved during this preparation, in a single meeting, before any case is filed.
We have a dispute with a foreign company. In which country do we sue?
Start with the jurisdiction and choice-of-law clauses in the contract. If there are none, the competent court and the governing law are determined by the rules of private international law. Wherever the judgment is obtained, it has to be enforceable in the country where the other side’s assets are, so the choice of forum is a strategic decision.
Team
Our team in this area
View all →
Contact
How can we help?
Tell us briefly about your matter and the relevant team will get back to you.
info@sch-legal.com · +90 212 709 08 50