Özgür & Ünüvar is a legal consultancy boutique located in Ankara and Istanbul
Özgür & Ünüvar dedicates itself to find customized solutions for the specific needs of its clients
A Note on Charrane and Construction v Spain: A Return to Cautious Interpretation of Legitimate Expectations
by Erman Özgür International Arbitration Law Review, IALR: Sweet & Maxwell, Vol: 19 Issue 2 (2016)
We commit ourselves to provide successful litigation strategies and corporate advice for our clients. We establish effective working relationships with our clients and customize our advice for their specific needs.
We counsel foreign investors entering energy markets in Turkey and local investors targeting foreign markets for growth. Our energy law & regulation team guides clients on contentious and non-contentious matters that impact their assets in renewable, coal-based and nuclear electricity generation and distribution, natural gas and petroleum markets. We undertake regulatory compliance, draft and review grid and interconnection agreements, conduct due diligence and corporate restructuring. We litigate before administrative courts in Turkey and handle matters regulated by Turkish administrative bodies including the Energy Market Regulatory Authority (EMRA).
We act as counsel before commercial and investment treaty arbitration tribunals. Our team has specialized knowledge and experience in disputes concerning construction, infrastructure and energy & natural resources sectors, including gas price reviews and renewables. We are familiar with all the key institutional rules including the rules of the ICC, LCIA, SCC, ICSID as well as the UNCITRAL Rules. We assist clients in choosing the most appropriate arbitral forum for the efficient and successful resolution of their disputes. We provide post-dispute resolution litigation support to clients in the setting aside or in the recognition and enforcement of arbitral awards before the courts of Ankara and Istanbul under the 1958 New York Convention.
We advise our clients in both contentious and non-contentious matters of public international law. We represent clients in investment treaty arbitration cases under bilateral and multilateral investment treaties, including the Energy Charter Treaty, at the ICC, SCC, the ICSID and the UNCITRAL.
We assist clients in disputes concerning high scale infrastructure and construction projects, oil concessions (including Share Purchase Agreements), renewable energy concessions, offshore oil and gas exploration and transboundary pipelines. Our team possesses specialized knowledge on public international law matters that may arise in such disputes including choice of law, jurisdiction, the law of treaties and treaty interpretation, and state responsibility.
We also advise clients on cross border finance and infrastructure projects, and in structuring their cross-border investments so as to secure international investment law protection. We provide expert opinion on the effect of public international law on cross-border commercial transactions in construction, energy and utilities sectors.
We assist foreign clients in successfully establishing their presence in Turkey. We also undertake market and local content research for Turkish clients that target foreign markets and advise them on business development and contract negotiations. We review and draft project contracts, permits and authorizations and audit compliance with regulatory framework in Turkey and abroad.
We advise clients on contracts law, company law, licensing and distribution agreements, agency agreements, joint ventures, corporate governance, shareholders rights and preparation of shareholders’ agreements and by-laws in Turkey. We draft and review share purchase agreements and sales agreements. We advise clients on international trading of their goods and services, letters of credit and collateral securities.
We counsel clients concerning their novel ideas, products and works and guide them to secure effective legal protection for their IP rights both in Turkey and abroad. We draft and review agreements pertaining to technology transfer, licensing and R&D. We advise on the enforcement and prosecution of IP rights, and represent our clients before civil and criminal courts and in mediation and arbitration of IP disputes.
We are actively engaged in the broader academic community. We closely monitor recent legislation, arbitration cases and enforcement decisions. We research and publish on both theoretical and practical aspects of foreign direct investment and public international law.
Erman Özgür is specialized in international arbitration and energy law. He acts as counsel in commercial and investment treaty disputes (including both ad hoc – UNCITRAL – and institutional forms – ICC, SCC, LCIA). His experience in international arbitration spans disputes under sales contracts and investment treaty disputes under Bilateral Investment Treaties (BITs). He provides consultancy on public international law, downstream energy law as well as oil & gas agreements (including oil & gas supply contracts and Production Sharing Agreements – PSAs). Erman also assists companies in the recognition and enforcement of foreign arbitral awards in Turkey. He advises companies on market and local content research, business development and contract negotiations in foreign markets and in Turkey.
Erman holds an LL.M from the University of Edinburgh (with Distinction) and a PhD on investment treaty arbitration from the CEPMLP at the University of Dundee. He completed Research Fellowships on public international law at the Erik Castrén Institute of International Law and Human Rights, the University of Helsinki, and at the Energy Charter Secretariat in Brussels.
Güneş Ünüvar possesses specialized knowledge on international dispute resolution and, in particular, on investment treaty arbitration. He advises clients across a range of sectors on a variety of contentious and non-contentious matters of public international law.
Güneş has previously held Visiting Researcher positions at the Energy Charter Secretariat in Brussels and Columbia Law School in New York City. He is currently Carlsberg Foundation Postdoctoral Research Fellow at iCourts and has taught International Arbitration and Dispute Resolution, International Sales Law, International Investment Law and EU Constitutional Law at the University of Copenhagen, Uppsala University and the University of Edinburgh.