Every dispute deserves a strategy of its own. Filing a lawsuit is not always the most appropriate course; sometimes resolution through mediation, arbitration or negotiation is more effective. In every case, Bilkay Legal first clarifies the client's ultimate objective and then determines the method that will reach that objective by the shortest route.
Scope of Our Service
Our office provides litigation services before the civil, commercial, civil court of first instance, civil court of peace and consumer courts, together with representation in appeal and Court of Cassation processes. Mandatory and voluntary mediation processes, and processes before arbitral institutions such as the Insurance Arbitration Commission, the consumer arbitration committees and ISTAC, are also among our areas of expertise.
Our Principal Practice Areas
- Commercial actions and civil disputes
- Receivable and compensation actions
- Consumer court actions
- Appeal and Court of Cassation applications
- Individual application (Constitutional Court)
- Mandatory and voluntary mediation
- Domestic and international arbitration
- ISTAC and ICC arbitration cases
- Insurance Arbitration Commission applications
- Administrative actions and objection processes
- Provisional legal protection (interim injunction and attachment)
- Recognition and enforcement of foreign judgments
Pre-Action Strategy and Risk Analysis
The decision to file suit in a dispute is a strategic one with legal, financial and time dimensions. Before any action, our office provides the client with a comprehensive feasibility study, including an assessment of the state of the evidence, an estimate of the duration of the proceedings, a calculation of court fees and costs, and the mapping of likely outcome scenarios. Often, the effective use of pre-action tools such as a formal notice, negotiation or mediation enables the dispute to be resolved without the need for a lawsuit.
Case Management and UYAP Processes
Our office meticulously follows every stage of a case — from the pleadings phase through preliminary examination, the taking of evidence, the conclusion of the taking of evidence and the judgment phases. Transactions carried out through electronic service, e-hearings and the National Judiciary Informatics System (UYAP) enable cases to proceed swiftly and without loss. Procedural acts such as the preservation of evidence, expert examination, on-site inspection and the hearing of witnesses are each critical stages that shape the course of the case.
Provisional protection and interim injunction: To prevent harm to a right in the period until a final judgment is given, recourse may be had to an interim injunction and interim attachment. Particularly in receivable actions and trademark and patent disputes, a provisional protection order obtained early and at the right time secures the genuine enforceability of the judgment.
Appeal, the Court of Cassation and Individual Application
An application to the Regional Court of Justice (appeal) may be made against the decision of a first-instance court. Against the decisions following the appeal review, where the monetary threshold and the availability of the legal remedy permit, a cassation application may be made to the Court of Cassation. Where the extraordinary legal remedies are closed, the route of individual application to the Constitutional Court comes into play. Our office is experienced in drafting appeal and Court of Cassation pleadings that are free of procedural errors, careful and effective.
Alternative Dispute Resolution: Mediation and Arbitration
Mediation is applied as a condition for filing suit in commercial and employer-employee disputes, and voluntary applications are also being used at an ever-increasing pace. The settlement document produced as a result of mediation has the force of a court judgment. Arbitration, on the other hand, allows a dispute to be resolved before arbitral tribunals rather than the state courts where the commercial contract contains an arbitration clause. Representation of clients in arbitration cases conducted under ISTAC (the Istanbul Arbitration Centre), the ICC and the International Arbitration Law is among our office's areas of experience.
Frequently Asked Questions
How likely am I to win my case — can you predict it?
In legal processes it is not possible to speak of a one-hundred-per-cent certain prediction of success; however, a reasonable probability of success can be determined by assessing together the state of the evidence in the file, witness statements, settled case law and the features of the concrete case. Our office conveys this assessment to you before the case; strengths as well as weaknesses are shared transparently. This assessment helps you make a sound decision on whether to litigate or to settle.
How long does a case take on average?
Time frames vary according to the type of case, the court's workload and the state of the evidence. First-instance proceedings take on average 10 to 18 months, appeal 6 to 12 months, and cassation 10 to 18 months. In total, obtaining a final judgment can take between two and four years. The mediation process, by contrast, concludes on average within three to four weeks, which makes it an important alternative for clients seeking speed.
Is arbitration really more advantageous than the state courts?
The advantages of arbitration may be summarised as specialised arbitrators chosen by the parties, confidentiality, the speed of the process, and the recognition and enforcement of awards in more than 170 countries under the 1958 New York Convention. However, the cost of arbitral proceedings may not be economical for low-value disputes. Arbitration is generally preferred in high-value commercial disputes with an international dimension.