Mediation in commercial disputes
Which commercial cases are subject to mediation?
The "absolute commercial cases" set out in Article 4 of the Turkish Commercial Code and listed below are subject to mandatory mediation as a precondition to filing suit.
Accordingly:
A. In the Turkish Commercial Code (No. 6102),
B. In Articles 962 to 969 of the Turkish Civil Code (No. 4721) concerning persons engaged in the business of lending against pledge,
C. In the Turkish Code of Obligations (No. 6098):
Articles 202 and 203 on the acquisition of assets or a business and on the merger and conversion of businesses,
Articles 444 and 447 on non-competition,
Articles 487 to 501 on publishing contracts,
Articles 515 to 519 on letters of credit and credit orders,
Articles 532 to 545 on commission contracts,
Articles 547 to 554 on commercial representatives, commercial agents and other auxiliaries of merchants,
Articles 555 to 560 on money orders,
Articles 561 to 580 on deposit contracts,
D. In legislation on intellectual property law,
E. In special provisions on stock exchanges, exhibitions, fairs and markets, bonded warehouses and other places specific to trade,
F. In regulations on banks, other credit institutions, financial institutions and money lending, civil lawsuits arising from the matters provided for are deemed commercial cases regardless of whether the parties are merchants and whether the matter concerns a commercial enterprise.
However, Article 4 of the Turkish Commercial Code expressly states that lawsuits arising from money orders, deposits and rights in intellectual and artistic works that do not concern any commercial enterprise are an exception and are not considered commercial cases. If these lawsuits do concern a commercial enterprise, they are commercial cases and are therefore subject to mandatory mediation as a precondition to filing suit.
Civil lawsuits arising from matters related to the commercial enterprises of both parties, known as "relative commercial cases," are also considered commercial cases. For a relative commercial case to exist, "both parties must be merchants" and the dispute must "relate to the commercial enterprises of both parties." If these conditions are met, the dispute is a commercial case and is subject to mandatory mediation as a precondition to filing suit, even if it is not one of the absolute commercial cases listed above.
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