EXPERTISE

Administrative Law


ESENYEL & PARTNERS advises a variety of foreign and local clients on deals and disputes against bureaucratic authorities including tax offices, municipalities and ministries. We undertake a large number of high-profile judicial reviews of decisions taken by public bodies. Our clients include individuals, non-governmental groups and objectors to local authority decisions. We also advise our clients on public tenders on both preparation and negotiation phases. From public contracts to development projects we assist our clients in wide scale. Our assistance includes obtaining governmental approvals, provision of legal opinions regarding the procedures of the projects, dispute resolution and litigation proceedings.




Aviation


ESENYEL & PARTNERS has advised clients on a variety aviation matters including aviation finance, leasing and aviation-related disputes. The litigation team advocates clients against the General Directorate of National Airport Operations regarding disputes arising out of the operation of airports including damage to aircraft caused by ground staff and improper maintenance. Assistance of the team also includes drafting purchase and loan agreements from beginning till the end.




Banking and Finance


ESENYEL & PARTNERS represents various banks, agents, arrangers and lenders as well as corporate borrowers and private equity firms. Our work includes complex transactions, cross-border financings, asset-based financings, letter of credit and acceptance financings, structured commodity financings, leveraged financings, secured loans, syndicated loans, acquisition loans, and bridge loans. Our practice ensures clients to achieve a duly secured transaction and provides solution in their daily operational problems and deriving litigation matters where we have advised several international banks.




Capital Markets


ESENYEL & PARTNERS assists its clients on capital markets issues ranging from debt and equity issues through to derivatives and structured finance. Capital markets practice comprises the team who concentrate on securities transactions and other products sold into the capital markets. The practice is founded on a full-service Turkish and UK securities law capability, complemented by local securities law expertise in each of the key financial centres. It provides practical, integrated legal advice covering the full spectrum of global capital raising activities including public and private domestic and international offerings of traditional debt and equity securities as well as convertible and other derivative and structured securities The firm provides day to day counselling to investors and public companies and assists them on issuance of financial instruments including equity and debt securities through public offerings and private placements, complex or hybrid securities such as preferred shares and subordinated notes. We also advice our clients on derivatives including options, swaps, warrants, credit and interest rate derivatives, structured derivatives, securities lending and repo transactions.




Competition


ESENYEL & PARTNERS advises its clients with a proactive approach on their competition and regulatory compliance needs. We assist our clients in the clearance of mergers and acquisitions with the Turkish Competition Authority. The team has advised a foreign-based company in the merger clearance process deriving from the acquisition of a large-scale local company. Our work was to review and draft distribution and restructuring agreements to ensure compliance with regulations. ESENYEL & PARTNERS also advised a foreign group with respect to the clearance of their two phased participation into a Turkish Group of Companies and a leading factoring company subject to Capital Markets Board and Banking Regulatory and Supervision Board’s regulations. ESENYEL & PARTNERS has also advised another foreign company with respect to the clearance of their acquisition of assets from a large chemical products manufacturer. The transaction qualified as a business transfer and thus was subject to the review of the Competition Authority. ESENYEL & PARTNERS is presently advising and assisting a large Turkish bank in a major investigation launched by the Turkish Competition Authority against a number of Turkish banks.




Corporate and Commercial


Our corporate and commercial team distinguished with its capabilities of providing services without any limitation of borders. Besides providing legal counselling to companies establishing in Turkey, ESENYEL & PARTNERS regularly assist its clients with cross-border company structuring with an international tax-planning point of view. Constructing a holding company structure, preparing business plan, fulfilling licence requirements, preparation of various contracts including shareholders agreements and completing necessary registrations to participate in European trade has been in the scope of our assistance. The also assists foreign clients for their establishment procedures in Turkey. Drafting and evaluating various types of commercial contracts based in both Turkish and English Law, providing legal assistance on market entries in Turkey and EU, completing various licencing requirements are major type of work handled by the team. With its deep knowledge of Common Law, ESENYEL & PARTNERS provides legal counselling on trust law for individuals, families and legal entities. Full project management, drafting and negotiating joint venture agreements between the clients and their partners, drafting subcontracts deriving out of the joint venture agreements and determination of the details of a possible arbitration process are in the frame of our assistance as well.




Dispute Resolution


ESENYEL & PARTNERS dispute resolution practice has a depth of experience in litigation, arbitration and mediation. Our team has specific knowledge and experience regarding disputes in the maritime, insurance, construction and public service sectors. Our team is capable of resolving large, complex and high-value disputes by devising the best strategy that focuses on the commercial objectives of clients.




Employment & Labour Law


ESENYEL & PARTNERS represents individual executives as well as current and former employees in all types of employment law matters. Preparing effective contractual documentation, including service agreements, contracts, handbooks, policies and procedures that support the business’ culture and its aims; addressing and resolving grievance and disciplinary issues; handling discrimination issues both sensitively and effectively; preparing for and handling sensitive/complex terminations; resolving executive disputes; handling litigation (both Tribunal and Civil Court claims) to maximise results and minimise disruption to the business; all aspects of trade union issues, including recognition requests, managing and reshaping industrial relations, and managing industrial disputes; business restructures and change management; protecting the business from current and former employees, including drafting and enforcing restrictive covenants and advising on team recruitment; and business transfers including outsourcing. We carefully advice our international clients about the traditional practices in Turkey about the employment accidents together with occupational health and safety issues and take all necessary steps to avoid claims and loss of reputation.




Energy Law


ESENYEL & PARTNERS team advice companies engaged in Turkey’s dynamic and constantly evolving energy and natural resources sector. Dedicated lawyers of firm have substantial experience providing assistance on regulatory affairs. Licensing and operational needs of the clients’ are met by our team as well as advising on regulatory compliance and restructuring matters in the negotiation, implementation and amendments of various agreements.




Environment


ESENYEL & PARTNERS provides legal assistance in environmental claims of significant amounts directed against its clients as well as providing environmental due diligence, risk assessment and compliance. Obtaining environmental permits and clearance required for obtaining production permits for foreign companies in Turkey are also in the frame of our assistance.




General Contract Law


ESENYEL & PARTNERS has a substantial experience encompasses consultation and negotiation in the drafting of contracts of all types. ESENYEL & PARTNERS advises clients on contracts ranging from goods or service purchase agreements to agency agreements, from ship management contracts to shareholders’ agreements, from settlement and release protocols to leasing and franchising agreements. The firm has a particular experience in drafting and evaluation of the agreements subject to English Law.




Telecommunication


After liberalization of telecommunication sector, Turkey offers a prosperous market for communication and information technologies. The legal reforms have ended Turk Telekom’s monopoly on the sector and opened doors to a dynamic and evolving business environment. In this respectESENYEL & PARTNERS advise local and international clients on issues arising in information technologies and telecommunications.




Insolvency and Corporate Recovery


ESENYEL & PARTNERS provides overall service on all aspects of insolvency, corporate recovery and personal bankruptcy. Drafting documents such as credit documentation, restructured debt agreements, transfers of claims and equity is another proficiency of our team. We represent creditors during bankruptcy proceedings and in case of a liquidation proceeding we maintain procedural follow up for the clients.




Insurance & Reinsurance


ESENYEL & PARTNERS provides efficient, entrepreneurial, results-oriented services to its clients on various insurance claims and disputes. ESENYEL & PARTNERS undertakes coverage and defence work over all classes of business for a client base that includes: general insurers, global composites, Lloyd’s syndicates, self-insured PLCs and self-insuring government bodies. ESENYEL & PARTNERS is particularly known for its work in the fields of property/energy, financial lines (including professional indemnity and D&O), excess of loss casualty and personal injury. The firm handles the full range of insurance matters and has a particular expertise in maritime insurance. The firm has represented various clients in insurance related disputes before Turkish Commercial Courts and Turkish Insurance Arbitration Committee (“STK”). Assisting foreign reinsurers relating major claims deriving out of collateralised loans, alongside handling on a daily basis claims and lawsuits under cargo insurance policies is another frame of work of the team.




Intellectual Property


ESENYEL & PARTNERS has an experienced team assisting clients on registration of trademarks and patents. Our team also represents its clients by instituting court actions and engaging procedures before judicial, criminal and administrative authorities on issues such as infringement of intellectual property rights and unfair competition. The firm has assisted various clients with their local and international trademark registrations by drafting, filing and prosecuting of trademark applications in Turkey. Our team also assists client on drafting various agreements such as licenses, production, and transfer of technology, franchising and distribution.




Mergers and Acquisitions


ESENYEL & PARTNERS has the resources to handle a high volume of merges and acquisitions work both in Turkey and abroad. Our practice includes due diligence, engaging in the negotiations and drafting related agreements such as confidentiality agreements, letters of intent, bids, seller’s indemnifications, purchase agreements, agency agreements, shareholder agreements and articles of association.




Shipping and Transport


Shipping and transport is the core area of practice at ESENYEL & PARTNERS. The firm has extensive experience in all aspects of the shipping sector. With regard to Ship Arrest, the firm acts regularly for shipowners, charterers, financial institutions, bunker suppliers and P&I Clubs to handle ship arrests around the world. We monitor the movements of vessels and make sure to finalize arrest procedures in one day to obtain security for our Client’s claims. Our Casualty/Salvage team acts for shipowners, charterers, hull and machinery underwriters, P&I Clubs, salvors and handles the most important wet legal practices in the market. The team has advised the Clients on disputes arising from collisions, groundings, fires, total losses, pollution, salvage and general average. The team responds immediately to urgent casualty matters and aims to negotiate the way through a settlement with the opponents to secure the unhindered flow of trade. The team has vast experience in all types of bills of lading and charterparties when it comes to Dry Shipping matters. The firm is known for its high quality legal service in all sort of claims including the most complex high value cargo claims. In connection with Ship finance, the firm’s work extends from negotiating the terms and conditions of financing and refinancing arrangements, to securing the necessary guarantees with banks and other lenders. Since the Turkey is a member of the Organization for Economic Co-operation and Development, it is an ideal choice for OECD flagged vessel with its green recycling centre in terms of compliance. The firm ensures worldwide Ship Recycling projects carried out according to the applicable rules. The firm has a large clientele in shipbuilding sector and prides itself on offering the shipyards the best practice for Shipbuilding projects. Its expertise includes advising on and drafting repair and refit contracts. The firm advises and represents its clients in numerous Sale and Purchase transactions involving vessels of all types and sizes. Yachts and Super yachts is another topic that the team regularly advises the clients with regard to construction of special boats, super yachts and assists the clients with all aspects of contractual arrangements and casualty handling. In a great number of Marine Insurance cases, the firm has successfully assisted its clients in providing straight forward opinions in the most complex cover issues. The firm advises marine insurers as well as ship owners and is known for its capability to coordinate legal proceedings in several jurisdictions at the same time.




Information Technologies and Data Protection


Negotiation and drafting licence agreements regarding the use of industrial software as well as related supply agreements is in the scope of the assistance of our team. We also advise our clients on data protection issues including regulatory compliance and data transfers.