Arbitration Costs, Strategic Clause Drafting, and Legal Protections for Turkish Investors Discussed at GSG Hukuk Joint Event with PwC Türkiye

GSG Hukuk, in collaboration with PwC Türkiye, recently hosted a joint legal event addressing “Arbitration, Rising Costs, and Other Current Issues,” bringing together legal practitioners and industry experts to evaluate the shifting dynamics of arbitration and cross-border investment disputes.

The first session featured a comprehensive discussion led by Dr. Doğan Gültutan, solicitor-advocate and lecturer at City, University of London School of Law, and Nisanur Hekimoğlu, attorney-at-law specializing in international arbitration. The speakers explored the escalating costs associated with arbitration and highlighted effective measures that in-house legal teams can adopt during the drafting and negotiation of arbitration clauses. These included strategies to enhance procedural efficiency, ensure enforceability of arbitral awards, and mitigate the impact of procedural abuse or so-called “guerrilla tactics.”

The discussion also focused on arbitration disputes arising out of mergers and acquisitions, a trend gaining prominence in the Turkish market. Sector-specific arbitration risks and trends were examined in areas such as technology, ecommerce, construction, energy, manufacturing, and finance.

The second part of the event drew on insights from PwC Türkiye’s February 2025 report, “Yurt Dışı Yatırımları Araştırması” (accessible here), which maps the expanding global presence of Turkish investors. Topics included:

• Legal protection mechanisms under bilateral and multilateral investment treaties (BITs/MITs),
• Common treaty breaches triggering investor–State disputes,
• Country-specific investment risks, and
• How Turkish investors can effectively navigate the international legal framework to protect foreign assets.

The event concluded with key takeaways for Turkish companies seeking to control arbitration costs and achieve fast, high-quality, and enforceable resolutions—particularly in light of heightened geopolitical tensions such as the Ukraine conflict, and broader shifts in the commercial and investment arbitration landscape.

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