Dispute Resolution & Litigation

Law is not just an emergency button to be pressed in times of crisis; it is a strategic tool that ensures the orderly functioning of commercial and personal life. At Goklu Law & IP Firm, we extend the disciplined and detailed working culture we have in Intellectual Property to general legal litigation and consultancy processes.

We prioritize resolving legal disputes through preventive legal measures (correct contracts, notices, mediation) before they reach the "litigation" stage. In processes that are referred to the judiciary, we prevent loss of rights by conducting assertive and result-oriented litigation, mastering the technical details of the case file.

A. General Dispute Resolution Mechanisms

In the resolution of legal disputes, mastering the intricacies of procedural law is the key to success, just as much as the merits of the case. From classical litigation proceedings to modern alternative dispute resolution methods (arbitration, mediation); we identify the most rapid, cost-effective, and decisive method for our client and manage the process based on this strategy.

Litigation: We handle complex disputes arising from corporate law, contracts, unfair competition, intellectual property, and real estate at First Instance Courts, Regional Courts of Appeal (İstinaf), and the Court of Cassation (Yargıtay). We provide transparency regarding the probable cost and duration of the lawsuit through "Risk Analysis Reports" prepared before litigation.

Arbitration (International & National): We manage Arbitration processes where proceedings are conducted by specialized arbitrators rather than state courts, especially in commercial contracts with foreign elements. We represent clients in arbitrations conducted under ISTAC, ICC, and UNCITRAL rules.

Mediation: Mediation: We view "Mandatory Mediation," which is a prerequisite for commercial, labor, and consumer lawsuits in Turkish Law, not just as a procedure but as an opportunity to resolve the dispute at the table. Furthermore, by utilizing the "Voluntary Mediation" mechanism, we bring parties to a common ground instead of years-long litigation, concluding the process rapidly with a document having the "force of a court judgment".

Recognition and Enforcement of Foreign Judgments: We file lawsuits for the "Recognition and Enforcement" of decisions obtained from foreign courts or international arbitral tribunals to make them valid and enforceable in Turkey. We pave the legal way for foreign clients who have won their cases abroad to access their rights in Turkey and ensure enforceability.

B. Public Procurement & Government Contracts (Tender Law) (EU/IPA Funds)

For companies trading with the public sector, the tender process is a minefield. Based in Ankara (the capital city of Turkey), our firm manages this technical process on-site due to our proximity to the Public Procurement Authority (KİK), the Central Finance and Contracts Unit (CFCU), and relevant Ministries.

Tender Complaints & Appeals: Managing the process of complaints to the Administration and subsequent "Appeal" applications to the Public Procurement Authority (KİK) against unlawful decisions of the Administration. Filing lawsuits in Ankara Administrative Courts for the cancellation of KİK decisions.

EU Funds & IPA Tenders (PRAG Rules): We provide legal consultancy for projects financed by the European Union Instrument for Pre-Accession Assistance (IPA) and other international funds, executed by the Central Finance and Contracts Unit (CFCU) or relevant Ministries. Unlike classic Turkish legislation, in these tenders subject to EU "PRAG" (Practical Guide) rules; we support the management of defense processes against "Irregularity" claims and objections to evaluation committee decisions.

Contract Implementation: Handling compensation claims arising from the performance of the contract after the tender, deductions in progress payments, price difference disputes, and unfair termination of the contract.

C. Commercial Law & Debt Recovery

We work for the fastest and most secure collection of receivables in collection problems and inter-company disputes experienced in the ordinary course of commercial life.

Commercial Receivables & Compensation: We handle lawsuits in Commercial Courts for the collection of unpaid receivables arising from invoices, current accounts, or contracts (actions for the cancellation of objection).

Unfair Competition Actions: We file lawsuits for compensation and prevention against competitors' misleading advertisements, disclosure of trade secrets, or actions contrary to the rule of honesty.

Corporate Conflicts: We represent parties in lawsuits regarding expulsion from partnership, cancellation of General Assembly resolutions, and liability of directors.

D. Corporate Consultancy

We offer "accessible" and "practical" consultancy services for companies of all scales, especially for SMEs, Entrepreneurs, E-Commerce Companies, and Defense Industry Companies.

Day-to-Day Legal Consultancy: Answering legal questions encountered in the daily operations of the company, drafting notices, and managing legal processes related to employees (Labor Law - Criminal Law, etc.).

General Assembly & Board Procedures: Following up on General Assembly meetings in compliance with legislation, amendments to Articles of Association, address/title changes, and capital increase/decrease processes before the Trade Registry.

Start-Up Law: Legal support for incorporation processes of start-ups, drafting Shareholders' Agreements (SHA), and investment processes.

E. Contract Law

A solid contract is more valuable than dozens of lawsuits to be filed later. We safeguard your commercial or personal relationships with the principle "spoken words fly away, written words remain."

Drafting & Vetting: We draft or review all types of agreements such as Service, Sales, Distributorship, NDA, Joint Venture, Employer-Employee, and Lease agreements by conducting risk analysis and adding protective clauses such as "penalty clauses," or we revise drafts submitted by the counterparty.

Termination & Breach: Managing the process of sending termination notices and claiming damages arising from breach of contract.

F. Medical Malpractice & Bodily Injury Claims (Health Law)

In damages arising from medical interventions, we analyze the "medical" and "legal" dimensions of the process together.

Malpractice Litigation: In cases arising from faulty medical diagnosis, treatment, or surgical interventions; identifying whether the incident is a medically permissible risk (complication) or a "Medical Error" (Malpractice) is vital. We analyze technical reports from the Higher Health Council and the Forensic Medicine Institute and manage the process to correctly determine the fault ratio in cases where we represent the patient, physician, or hospital.

Pecuniary & Non-Pecuniary Compensation: We pursue lawsuits with expert calculations for the compensation of bodily harm, loss of workforce, and emotional distress caused by medical errors.

G. Enforcement & Bankruptcy Law

We perform active follow-up before Execution Offices to ensure that court decisions or receivables do not remain only on paper but are actually collected.

Execution Proceedings: Initiating enforcement proceedings for receivables based on invoices, checks, promissory notes, or court decisions (Proceedings with or without judgment).

Seizure & Sale: Managing the inquiry of the debtor's assets (bank, vehicle, real estate), imposing seizures, and converting assets into cash through sale.

H. Real Estate & Lease Law

In lease relationships, which have recently seen the highest volume of disputes in Turkey, we protect the rights of property owners and tenants before the Civil Courts of Peace.

Eviction Lawsuits: We manage the entire process from the notice stage to the execution of the eviction decree in cases of non-payment (default), expiry of the 10-year period, or necessity.

Rent Determination & Adaptation Lawsuits: We handle lawsuits to increase rent that falls below current market conditions (Rent Determination) or to restructure rent in extraordinary situations (Adaptation).

Real Estate Transactions: We provide legal consultancy on drafting lease agreements, obtaining eviction undertakings, and real estate sale/purchase processes.