The effects of climate change and increased amounts of carbon emissions in recent years across the globe made it compulsory for the states to take necessary steps to combat it. Paris Agreement, providing a framework by setting goals and establishing commitments for all signatory nations to cooperate in reducing greenhouse gas (“GHG”) emissions in order to mitigate the negative effects of climate change and strengthening resilience is a reflection of the United Nation’s response to climate change and its adverse effects.Türkiye, being one of the countries highly affected -and to be further affected- by climate change among the signatories of the Paris Agreement, suggests its own plan of action to achieve decarbonization, enhance energy efficiency, and ensure transition from fossil fuels to renewable energy sources. Under this article, Türkiye’s actions in its journey of green transition are reviewed with a chronological approach with a specific reference to the construction sector.
Read moreUnited Nations General Assembly has adopted Code of Conduct for Arbitrators in International Investment Dispute Resolution (“the Code”). The Code, which proves to be an extensive work of UNCITRAL and International Centre for Settlement of Investment Disputes (“ICSID”), has been shaped since 2020 with various revisions and deliberations, including consultation with State delegates and other interested stakeholders.
Read moreWith the best wishes for the newly-arrived-year, this 2023 Construction Law Journal casts a look at certain developments took place in 2023 related to construction, infrastructure, and energy sectors. The developments touched upon throughout this Construction Law Journal concern events took place at both the national level and the international arena.
Read moreWith this article, the amendments introduced with the FIDIC 2017 Revision which are Contractor’s liability under Silver Book in the event the Employer begins to make use of parts of the Permanent Works prior to Taking Over, which is rectified with the exception included in the wording of Sub-Clause 10.2 [Taking Over of Parts of the Works] and Clause 17 [Risk and Responsibility] under 1999 Revision, renamed as [Care of the Works and Indemnities] with 2017 Revision which is again relates to issues of liability, will be discussed. In the sequel, two issues are pointed out, which remain unremedied in the 2017 Revision but still needs to be revisited. One point focuses on the Contractor’s risk of facing delay when submitting proposals to the Employer under Sub-Clause 13.2 [Value Engineering] and other point focuses on the problem of forcing the Contractor to leave the Site upon termination in case of the Contractor’s objection.
Read moreFIDIC rainbow suit is drafted from common law perspective, albeit it is being used globally also in countries subject to civil law system. Generally, no severe problems are faced in applying FIDIC provisions under civil law system, and it is practical to work with FIDIC contracts as most of the professionals in the construction industry are familiar with these. However, there are some points to consider to better the suitability for a project while drafting Particular Conditions to FIDIC Contract governed by the laws of a civil law country. One point among these on which this article will focus relates to granting of a “reasonable” remedy period to the Contractor before termination of the Contract by the Employer for the Contractor’s default as per Sub-Clause 15.2.2 [Termination]. The issue of implementation of FIDIC Contracts’ relevant provisions to the concept of “reasonable” time will be reviewed from a Turkish law perspective, as a civil law system country.
Read moreWithin this article, the legal nature of the disproportionate standard terms and conditions, which are unfavourable to a contractor or a subcontractor due to the contractor’s or subcontractor’s negotiation power being significantly lower compared to an employer or a contractor, will be evaluated. Additionally, it will be discussed whether these standard terms and conditions may be considered as standardized terms regulated under Turkish Code of Obligations no. 6098 (“TCO”), and if it is considered so, whether these standardized terms are applicable to the subcontractors and contractors who are merchants under Turkish Commercial Code no. 6102 (“TCC”).
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