It Has Been Resolved that There is No Need to Apply for Mediation Again Before Filing a New Lawsuit Concerning the Same Receivables.

In the decision of the 9^th Civil Chamber of the High Court of Appeal was published in the Official Gazette dated 10.02.2024, it was concluded that the mediation is a dispute resolution method that limits the right of access to court, which is a fundamental right, and that the limitations on fundamental rights should be interpreted narrowly, and that concluding that it was obligatory to apply for mediation as a condition of the lawsuit again before the second lawsuit in which the same receivables are the subject of the second lawsuit leads to disproportionate limitation of the right of access to the court; and upon the procedural dismissal of the first case due to lack of legal interest, requiring mediation again in terms of receivables that were previously negotiated and no agreement was reached is both contrary to the purpose of mediation and damages my right of access to the court, it has been concluded that it is erroneous to decide to dismiss the case procedurally due to the absence of the mediation litigation requirement and it has been decided to accepting the request for appeal in favour of the law.

Certain Exceptions Have Been Introduced to the Ban on Payment in Foreign Currency.

Ban on payment in foreign currency was extended pursuant to the amendment communiqué published in the Official Gazette dated 28.03.2024 and numbered 32474. Payment obligations subject to the following securities sales contracts concluded between residents in Turkey can be fulfilled in foreign currency; (i) payment obligations of the negotiable instruments in foreign currency that entered into circulation before 19.04.2022 under the the performance of securities sales contracts concluded before 19.04.2022; (ii) payment obligations of the scope of invoices issued before 19.04. 2022; (iii) payment obligations under precious metals and precious stones purchase and sale transactions carried out in Borsa Istanbul Precious Metals and Precious Stones Market in foreign currency and the settlement of these transactions; (iv) pursuant to Communiqué on the Status of Foreign Trade Capital Companies and the Communiqué on the Status of Sectoral Foreign Trade Companies, payment obligations under securities sales contracts for exports to be realised through Foreign Trade Capital Companies or Sectoral Foreign Trade Companies based on an intermediated export contract and exports to be realised based on an intermediated export contract through companies with the status of Export Consortium under the Decree No. 5973 on Export Supports and E-Export Consortium within the scope of the Decree No. 5986 on E-Export Supports; (v) payment obligations within the scope of securities sales contracts concluded for the delivery of goods to which transit and customs warehouse regimes, temporary storage and free zone provisions in the Customs Law No. 4458, including the sale and delivery of exports subject to customs declaration; (vi) payment obligations for the delivery of goods subject to securities sales contracts concluded under foreign trade transactions with companies operating in free zones.