Archive for: Arbitration Law

Leaders in Law endorses Batuhan Eser as our exclusively recommended Arbitration Law expert in Turkey. If you wish to get in touch with Batuhan, please use the contact information provided above.

After graduating from Başkent University Faculty of Law in 2004, Batuhan Eser concluded his lawyer internship subsequently. Following his master’s degree in International Commercial Dispute Resolution at London Westminster University in 2009, Batuhan Eser has been working at Kurucu Law Offices of which he is a founding partner since July 2015 and registered to Ankara Bar Association since 2005.

His expertise has mainly focused on (i) Arbitration, including International Commercial Arbitration and Domestic Arbitration, and (ii) Energy Law, specifically Petroleum and Natural Gas. On the arbitration side, Mr Eser has successfuly represented his clients in numerous ICC, LCIA and ISTAC arbitrations. Among these arbitrations were included those requiring a deep technical knowledge on oil & gas, power markets and construction. Mr Eser, being involved in the disputes from the very beginning, in some cases, even in dispute notice exchange stages, served his client’s submissions and represented them at the hearings and communications with the tribunals.

Firm Description:

The firm: KURUCU is an independent and distinguished law firm formed in 2015 by three lawyers whose names are Batuhan Eser, Serdar Can Özaltınlı and Serkan Çatalpınar, each with its own renowned expertise. It is an Ankara-based law firm committed to provide its superior legal services with its team of lawyers who are highly specialised in their fields.  KURUCU, always meticulous in meeting its clients’ needs, takes pride in deservedly being one of the most successful law firms in Turkey despite its young age. The dynamism of KURUCU originating from its young age is a great help in its success as well as the team’s business-minded approach.

KURUCU’s main area of practice may be described as claim management and dispute resolution services under cross-border projects and disputes, consultancy services with respect to energy investments and legal relations with related regulatory bodies, commercial counselling in corporate matters including various M&As. Not only that, KURUCU’s private litigation consultancy which has enabled many of its clients to reach and/or retrieve their entitlements is its another focal point.

It is also worthwhile to mention that KURUCU has consistently grown both in terms of scope of works undertaken and personnel size. Initially having 3 of its founding partners, it now has a team of lawyers each having extensive knowledge and skill in their respective field of activity. This growth is resulted in establishing another liaison office in Istanbul, Turkey.

Areas of practice: Being primarily energy law, construction law and infrastructure law, FIDIC and FAR contracts and agreements law, M&As, project financing, international commerce, international arbitration and commercial cases. In provision of its services, KURUCU aims to help in all aspects of clients’ needs from the very start of the relevant project and/or legal process until they are completed, to be available at all times, and treat the needs of the clients as if they are KURUCU’s own needs, and to keep these aims in the foreground at every stage of KURUCU’s services. While carrying out its services, in addition to their viewpoint as lawyers, KURUCU team make a point of conducting them as a businessman by benefiting from their past experience and technical-specialist staff.

Energy and natural resources: The globe has been witnessing a transition mainly driven by discussions regarding security of supply and climate change due to unsustainably high levels of CO² emissions. This transition aspires to implement long term structural changes to energy policies with goal of decarbonization. The demand for conventional primary energy resources is nevertheless very high and it will maintain its importance for decades. This high demand is eye-catching especially in economically growing countries such as Turkey. However, energy market is by its all aspects and types a complex issue which necessitates a technical and economic background.

Abiding by regulations and conforming with legal procedures of energy market regulatory agencies require a strong knowledge in the fields of energy and natural resources. Thus, a lawyer working in this field must have a deep insight with respect to these issues.

KURUCU carries out legal procedures with related regulatory bodies in accordance with its clients’ wishes. It files, tracks and concludes necessary applications in various respects such as oil and gas, mining and electricity to surpass legal entry barriers by obtaining necessary licences. KURUCU’s cross-border experience not only allows it to meet its foreign client’s needs and but also helps acquainting them with Turkish legal practice.

Arbitration: KURUCU acted as lead counsel for multiple internal arbitrations in ICC, LCIA and ICAC. Because KURUCU represented both Claimant clients as much as Respondent clients, KURUCU has an extensive knowledge on procedures and strategies to be followed for each side. That said, KURUCU also represented its clients in domestic arbitrations, mainly in ISTAC. As part of all those mandates, KURUCU successfully presented cases of its clients, from drafting of each of the submissions to management of the hearings.

KURUCU constantly keeps itself familiar with new trends in energy. With its strong knowledge of energy policy and law, it proposes genuine solutions for its clients involved in renewables as well.

Commercial, corporate and M&A: KURUCU handles incorporation and restructuring of businesses. With its extensive commercial and corporate experience, it manages establishment processes of foreign companies in Turkey. On the other hand, it deals with its clients’ day-to-day corporate issues, provides them legal assistance in each and every respect.

In terms of M&A, KURUCU successfully combines its expertise in conducting healthy and comprehensive due diligence processes and other legal procedures. While taking a picture of the firm before the client with its proper and extensive due diligence reports, it then enables the clients to take well-informed decisions with respect to their potential transactions. Then, in accordance with clients’ decisions, KURUCU finalizes legal procedures both between the parties and before related authorities meticulously.

Recently, KURUCU has achieved two significant acquisitions in 2016 and 2017 in the areas of oil and gas law and contract law. In the scope of a recent acquisition, which was valued over EUR2m, KURUCU acted as lead Turkish Counsel for the Buyer which had enhanced the Client’s fabricated production capacities in Europe. On the other hand, under another acquisition in relation to oil and gas, which was valued over US$6m, KURUCU again acted as lead Turkish Counsel which had improved the client’s natural gas production capacities in Turkey.

Real estate and construction – project finance and projects: Construction projects necessitate a careful and farsighted approach. Keeping this in mind, KURUCU delicately drafts contracts and executes checklists with interpreting contracts in the light of its previous experiences for its clients which summarize the points that require special attention. In course of performance, KURUCU analyses conflicts and help its clients take necessary actions. KURUCU, resulting from its experience in practice on both employer’s and contractor’s side, lead construction projects and contracts to the end smoothly.

KURUCU’s practice in construction is primarily focused on projects based on FIDIC and FAR contracts. Whether the project is domestic or cross-border, KURUCU is always committed to furnish its clients with innovative solutions. KURUCU, in that works, has represented engineers, employers and contractors in a distinguished way. KURUCU has undertaken very important national and international claim management works under almost each and every FIDIC book, mostly Yellow, Red and Silver. KURUCU provides its counsel with respect to significant FAR projects mostly in Europe and Middle East.

Employment: Corporate clients face important risks once it comes to their employees. KURUCU offers its support to employers in each and every aspect of an employment relationship. KURUCU, drafts employment contracts and workplace bylaws which are suitable for protecting employers’ rights in case of non-satisfactory performance of employees or an adverse economic state. KURUCU effectively represents Turkey’s leading firms in every kind of labour lawsuits.

Data privacy and data protection: KURUCU provides legal consultancy service concerning data protection and advises its clients on the full range of data privacy and data protection issues with a focus on GDPR compliance for a mix of major local and multinational clients. It represents investigations relating to the handling of personal data and data breach issues as well as on employment-related data issues, forms personal data processing inventory, practices cross-border data transfer, data security breaches, employee privacy and monitoring.

KURUCU measures data regulatory compliance for the companies by drawing up the documents of Personal Data Retention and Destruction Policy, Personal Data Protection Policy and  Clarification text on processing of personal data of employees etc. Data protection aspects of M&A transactions, data transfer and  related  safeguarding issues are also handled by our firm.

Dispute resolution: Especially in commercial arbitration, be it national or international, KURUCU analyses the case before it elaboratively, builds a strategy to be followed throughout the case and then sticks to it. This way, KURUCU represents its clients competently. In that regard, KURUCU managed to obtain an ICC award in favour of its client whose value is over EUR2m. KURUCU also has experience in alternative dispute resolution methods, most importantly : mediation.

Competition: KURUCU acts in a client-focused way and advises on a broad range of merger control issues, aspects of mergers and acquisitions, competition compliance matters, handles merger filing relating to sizeable M&A transactions, as well as state aid and abuse of dominance cases.

Private litigation and enforcement:  In terms of private litigation, our firm is dealing with various type of cases and represents its clients successfully. Recently, KURUCU managed to obtain a judgment in favour of its well-known client under a multi-million case related with energy law. This success repeated itself in another case under which KURUCU represented its client who is a contractor against a powerful employer. Private law set aside, KURUCU advises its clients in respect of disputes under administrative law. In that regard, KURUCU managed to recover a considerable tax penalty paid by one of Turkey’s major firms.

KURUCU’s renowned background is not limited to commercial and administrative cases. The firm also includes other areas of law, such as labour law, intellectual property law, law of execution, enforcement of foreign arbitral awards and foreign court decisions in Turkey. On the other hand, KURUCU specialises and has very important expertise in debt enforcement. KURUCU has significant practices in different areas of enforcement.