by B. Aslı Saraçoğlu Uzunoğlu11 March 2025: Değer Boden was at debate on “Access to the EU Procurement Market for Third-Country Contractors – Recent Developments,” organized by Muşat & Asociaţii and JURIDICE.ro
Our Founding Partner Değer Boden was at this very interesting and insightful debate on the access of third- country contractors to the EU procurement market. It was a great opportunity to discuss the CJEU’s Kolin decision and its potential consequences along with esteemed panelists Paul-George Buta, Iuliana Iacob, Daria Niculcea, Ana Maria Abrudan, Wojciech Sadowski, Diana Bulancea, and Iulian Popescu.
Key takeaways from the discussion:
*The judgment lacks clarity and raises important questions that require further interpretation.
*While the CJEU did not explicitly exclude Turkish companies from EU public procurement, it stipulated that they cannot rely on EU public procurement directives due to the absence of an agreement between the EU and Turkey covering this area.
*This leaves participation to the discretion of individual member states, leading to potential uncertainty and inconsistent application across the EU.
*The case highlights the need for Turkey to renegotiate the Customs Union Agreement to include public procurement, ensuring fair access for Turkish businesses in EU markets.
*There are possible legal remedies, but, nothing is straightforward, and navigating these options requires a careful legal and strategic approach.
*The broader implications for non-EU economic operators in public procurement rules remain a critical issue for future trade and investment relations.
by B. Aslı Saraçoğlu Uzunoğlu5 February 2025: Boden Law was at Winter ELSA Law School Bodrum: Energy Law and Sustainability
Boden Law was pleased to contribute to Winter ELSA Law School Bodrum, organized in collaboration with @ELSA Türkiye, @Young ISTAC, and to engage with future energy law professionals.
Our associate Dila Küçükali delivered a session on “A Comparative Approach: EU&TR Environmental, Climate Change, and Renewable Energy Policies” discussing key EU legislative frameworks, Turkey’s regulatory alignment, sustainability challenges in bilateral agreements and arbitration. The session provided an interactive and comparative perspective, enriched by insightful contributions from international students.
We thank ELSA Türkiye, Young ISTAC, and all participants for fostering a dynamic platform for legal discussions on the future of energy and sustainability.
by B. Aslı Saraçoğlu UzunoğluBoden Law’s contribution to Lexology’s Panoramic: Electricity Regulation 2025 is now live!
Boden Law is proud to announce our contribution to Lexology‘s Panoramic: Electricity Regulation 2025 is now live! ⚡
As contributors, Deger Boden and Dila Küçükali from Boden Law provide a comprehensive analysis of Turkey’s electricity regulation landscape. This guide dives deep into the evolving regulatory framework, with particular emphasis on the latest developments in climate change, sustainability, and alternative energy sources.
The report covers key aspects such as power generation, transmission, distribution, public service obligations, and the role of competition law. We also explore the legal and policy trends that will shape the future of Turkey’s energy market, ensuring stakeholders are well-equipped to navigate the shifting regulatory environment.
For a detailed comparison and to explore the latest trends driving electricity regulation in Turkey and beyond, read the full publication on Lexology.
Click here to read the full report.
by B. Aslı Saraçoğlu Uzunoğlu6 October 2024: Boden Law was at the Galatasaray Law Summit!
We are proud to have been a part of the Galatasaray Law Summit, held on 6 October 2024 at Galatasaray Üniversitesi . Our associate Dila Küçükali delivered a comprehensive session on Energy Law and Arbitration, sharing her insights on the intersection of energy regulation, sustainability, and arbitration. Dila highlighted crucial aspects of the Turkish energy sector, including renewable energy projects, carbon markets, and the EU’s Green Deal, all of which are shaping Turkey’s legal landscape in energy law.
We are grateful to the Galatasaray Law Club and Genç ISTAC/ Young ISTAC for organizing such an event providing a platform for meaningful discussions and professional connections.
by B. Aslı Saraçoğlu Uzunoğlu26 September 2024: The Second South-Eastern Europe Arbitration Conference was a huge success!
The Second South-Eastern Europe Arbitration Conference, held last Thursday at the beautiful Almanac Palais Vienna, was a tremendous success, bringing together arbitration practitioners from around Europe!
We were honoured to have two distinguished keynote speakers:
• Anna Joubin-Bret (Secretary of UNCITRAL: United Nations Commission on International Trade Law & Director of the ITL of the UN Secretariat), who shared insightful updates on the latest work being done by UNCITRAL.
• Professor Andrej Savin (Copenhagen Business School), who introduced the groundbreaking EU AI Arbitration Act, providing a fresh perspective on the intersection of artificial intelligence and law.
We have heard from the panels about the:
– Recent arbitration developments in the SEE region, exploring key trends and challenges
– Impact and use of technology in international arbitration, focusing on innovation and efficiency
– The evolving role of international law in investment arbitration, examining the shifting landscape of dispute resolution
– Valuation of damages, asset tracing, and case funding, offering practical insights into complex financial aspects of arbitration.
A heartfelt thank you to our incredible speakers for their valuable contributions, our organizers for their dedication in bringing this event to life, and our sponsors and supporters for their invaluable support. Of course, we extend our gratitude to all the participants—your enthusiasm and engagement made this event truly special!
We’re excited for next year’s conference and the new ideas it will undoubtedly inspire. Stay tuned for more updates!
by B. Aslı Saraçoğlu UzunoğluOur report on the changes in the Electricity Market License Regulation is out now!
New Regulation from EMRA: Changes in the Shareholding Structure of Preliminary License Holder Companies are Now Subject to the Approval of EMRA!
With the regulation published on 17 August 2024 in the Official Gazette amending the Electricity Market License Regulation, it is now mandatory to have the approval of EMRA for changes to be made in the shareholding structure of legal entities at the preliminary license stage. While previously a written notification was sufficient, with the new regulation, changes made without approval may lead to the cancellation of the preliminary license. This critical regulation is of great importance for investors and energy sector stakeholders.
by B. Aslı Saraçoğlu UzunoğluBoden Law to co-host panel discussion with Dubai International Arbitration Centre!
Boden Law, in collaboration with the Dubai International Arbitration Centre (DIAC), is excited to co-host an insightful panel discussion during Istanbul Arbitration Week titled “Dubai as a Preferred Seat of Arbitration in the MEASA Region.” This event will bring together leading experts to explore the evolving landscape of arbitration in Dubai and its growing importance within the Middle East, Africa, and South Asia.
📅 Event Details:
–Date: 30 September 2024
–Time: 2:30 PM – 4:30 PM
–Venue: Radisson Blu Bosphorus, Pupa Terrace, Istanbul, Turkey
🔸 Moderator:
—Sara Koleilat-Aranjo, Partner, Morgan, Lewis & Bockius LLP
🔸 Speakers:
—Jehad Abdulrazzaq Kazim, Executive Director, DIAC
—Christoffer Coello Hedberg, Deputy Registrar, DIAC
—Deger Boden, Founding Partner, Boden Law
This panel will offer in-depth insights into:
–The strategic initiatives driving Dubai’s role in arbitration.
–DIAC’s innovative developments and the impact of the 2022 DIAC Rules.
–The challenges and opportunities facing arbitrators in the MEASA region and strategies for the effective enforcement of arbitral awards.
We are thrilled to jointly host this event with DIAC and look forward to engaging with leading professionals and thought leaders in the field of arbitration. Don’t miss out on this opportunity to gain valuable insights into the future of arbitration in the MEASA region.
by B. Aslı Saraçoğlu UzunoğluOur report on the changes to the Communique Regarding the Application of the Decision Related to Government Aid in Investments is out now!
Changes have been made on 24 and 25 August, 2004, to the Communique Regarding the Application of the Decision Related to Government Aid in Investments. Accordingly, changes will be made in investment expenditures that are not evaluated within the scope of incentive certificates, with the aim of increasing domestic production, especially in solar energy, and intensifying work in this field.
by B. Aslı Saraçoğlu UzunoğluBoden Law is a proud sponsor of the second South-Eastern Europe Arbitration Conference!
Boden Law is a proud sponsor of the second South-Eastern Europe Arbitration Conference that will be held in Vienna on 26 September 2024.
This year the SEEA is coming back to Vienna with the topic – How can we effectively navigate the complexities of SEE’s legal landscape amidst digital transformation, climate change, public policy and other concerns of the new age ensuring that arbitration remains a pillar of justice and stability in the region?
The day will feature two keynote addresses by Anna Joubin-Bret, Secretary of UNCITRAL and Director of the International Trade Law Division at the Office of Legal Affairs of the UN Secretariat, and Andrej Savin, Professor in IT Law & Internet Law at Copenhagen Business School, Denmark, followed by four panels led by leading arbitration practitioners.
The SEEA provides a forum for debating important issues in in the SEE region, offering practical insights and solutions by SEE and international community of arbitration practitioners, academics, industry experts, funders, investigation specialists and in-house counsel. Join us for a day of insightful discussions and networking opportunities! The registration link is in the comments.
🌐💡 Join us for a day of insightful discussions and networking opportunities! Register here: https://bit.ly/4dvfWU7.
Thank you to the sponsors for their support and dedication: George Z. Georgiou & Associates LLC, Muşat & Asociaţii, Schoenherr Attorneys at Law, DPC, Ankura, @Christos Georgiades & Associates LLC, Gregoriou Law , Berkeley Research Group (BRG), MEIDANIS SEREMETAKIS / ASSOCIATES LAW FIRM, BIT law office, Jus Mundi, Raedas, SW LEGAL , Joksovic, Stojanovic & Partners.
Finally, the SEEA would not be there without a brilliant team of organisers: our Senior Partner Deger Boden, Tatiana Minaeva (RPC), Nenad Stankovic (Law office Stankovic&Partners), Ileana Smeureanu (Jones Day), and Stevan Dimitrijevic (Dimitrijević & Partners ).
by B. Aslı Saraçoğlu UzunoğluOur report on the Regulation Regarding the Transfer of Personal Data Abroad is out now!
International Data Transfer Regulation Enacted!
On July 10, 2024, the “Regulation on the Transfer of Personal Data Abroad” was published in the Official Gazette and came into force, bringing significant changes to the processes of transferring data abroad.
This new regulation clarifies the methods to be followed in the transfer of personal data abroad. Details regarding adequacy decisions, appropriate safeguards, and exceptional circumstances have been specified.
KVKK Yurt Dışı Aktarım Yönetmeliği Yürürlüğe Girdi!
10 Temmuz 2024 tarihinde Resmi Gazete’de yayımlanarak yürürlüğe giren “Kişisel Verilerin Yurt Dışına Aktarılmasına İlişkin Yönetmelik” ile yurtdışına veri aktarımı süreçlerinde önemli değişiklikler yapıldı.
Bu yeni düzenleme ile kişisel verilerin yurt dışına aktarımında izlenecek yöntemler netleştirildi. Yeterlilik kararları, uygun güvenceler ve arızi durumlara ilişkin detaylar belirginleştirildi.
