A) Arbitrator and Legal Consultant

- 25/7/2013 - current: Arbitrator in foreign and domestic arbitrations; Providing legal opinions in foreign and domestic Court and arbitration proceedings, and preparation of Expert Opinions in accordance with Article 293 of the Civil Procedure Code no. 6100; Preparation of evaluations on legal problems and disputes in accordance with the applicable legislation.

→ Arbitration awards prepared as member of the respective tribunal (as of 2011):

- 12/10/2023 (in English): Swiss Arbitration Centre (Case No. 300585-2022): International sales contract - claims of the buyer for the return of the cargo and the reimbursement of the prepaid sales price due to non-conformity of the cargo - claims of the seller for the remaining sales price and demurrage.

- 5/9/2022 (in Turkish): Turkish International Arbitration Act no. 4686: Yacht building contract - claims of the contractor and counter-claims of the shipowner arising from late delivery - claim of the contractor for outstanding payment - counter-claims of the shipowner for defects and loss of earnings.

- 25/7/2022 (in English): Centre Français d'Arbitrage de Reassurance et d'Assurance, (CEFAREA-ARIAS Case No: 08/21): Reinsurance contract - whether insured's claim covered by the policy.

- 23/12/2021 (in Turkish): Turkish International Arbitration Act no. 4686: Salvage of ship at sea – determination of the salvage remuneration.

- 12/1/2021 (in Turkish): Turkish Code of Civil Procedure no. 6100: Shipbuilding contract – claims of the contractor and counter-claims of the shipowner for penalties arising from late delivery – claims of the contractor for outstanding payments and bonus – counter-claims of the shipowner for loss of hire and legal costs.

- 6/7/2015 (in Turkish): Istabul Chamber of Commerce (File No. 2013/1): Construction of hydro power plant - claims of the contractor for return of bank letter of guarantee and payment of indemnity - claims of the owner for delay and defective work.

- 13/11/2013 (in Turkish): Turkish International Arbitration Act no. 4686: Yacht building contract - delay in delivery - claims of the owner for delivery and damages - jurisdiction objection of the contractor.

- 31/5/2013 (in Turkish): Turkish International Arbitration Act no. 4686: Carriage of goods by sea - fire on board the ship - loss of and damage to cargo - claim of the receiver for damages - limited liability defence of the shipowner under the LLMC.

- 19/12/2012 (in Turkish): Turkish International Arbitration Act no. 4686: Carriage of goods by sea - FIOS clause - draft survey - loss of cargo - claim of the receiver for damages.

- 23/9/2011 (in English): International Chamber of Commerce, International Court of Arbitration (ICC Arb. No. 17218): Sales contract - ship engines and incidentals - buyer’s default - contract cancellation - claims for damages.

 

B) Practicing Lawyer (“Avukat”)

1. Admission

- 12/1/1989: Istanbul Bar Association, Registration No: 15627.

 

2. Offices

- 1/8/2006 - 24/7/2013: Independent consultant, arbitrator and legal advisor (Home Office).

- 1/3/1999 - 31/7/2006: Co-founder and partner, Atamer & Karaman Law Firm, Istanbul.

- 1/2/1997 - 28/2/1999: Co-founder and partner, Ersoy Atamer Karaman Law Firm, Istanbul.

- 1/3/1990 - 31/1/1997: Avukat and as of 1/1/1992 partner, Aybay & Aybay Law Firm, Istanbul.

- 1/5/1989 - 28/2/1990: Trainee, Hasche Albrecht Fischer (today: CMS Hasche Sigle), Hamburg.

- 1987 - 1989: Trainee (Student trainee as of 1985) with the late Avukat Captain Gündüz Aybay, Co-founder and partner of Aybay & Aybay Law Firm, Istanbul.

 

3. Representative Cases (As Practicing Lawyer, 1990-2003)

- “RJ-100, TC-THG” Aircraft (2003: passenger claims and property claims arising from the total loss at Diyarbakir) [on behalf of the legal liability reinsurers of the aircraft].

- M/T “Salih Kalkavan” (2002: damages arising from the collision with the M/V “Noor al Amal” off Gelibolu) [on behalf of the owner and P&I Club of the tanker].

- M/V “Gotia” (2002: collision with passenger-landing-pier and oil pollution in the Bosphorus) [on behalf of the owner and P&I Club of the vessel].

- M/V “M. Melody” (2000: fire on board the vessel and salvage at the Port of Ambarli) [on behalf of the cargo underwriters].

- M/T “Iris Star” (2000: engine breakdown and towage in the Bosphorus) [on behalf of the cargo underwriters].

- M/V “Med Bridge” (1999: damages arising from collision with crane at the Port of Haydarpasa) [on behalf of the owner and P&I Club of the vessel].

- “E6 Ankara-Istanbul Highway” Construction Site (1999: insurance claims arising from collapse of tunnel and bridges due to earthquake; largest insurance claim at the time and first insurance mediation in Turkey) [on behalf of the contractors].

- M/T “Volgoneft 248” (1999: total loss, damages and oil pollution arising from breaking in two off Florya) [on behalf of the owner and P&I Club of the tanker].

- M/V “Martin P.” (1999: total loss and cargo claims arising from breaking in two off Ambarli) [on behalf of the cargo underwriters].

- “Karadeniz Highway” Construction Site (1998: damages due to heavy storm) [on behalf of the CAR reinsurers].

- M/V “Doğruyollar 4” (1998: sinking and total loss off Sardinia) [on behalf of the cargo underwriters].

- “B737-400, TC-AZA” Aircraft (1998: damages to aircraft due to off-shooting on Istanbul Airport runway) [on behalf of the hull insurers and reinsurers of the aircraft].

- M/V “Cafer Sener” (1998: sinking and total loss off Bulgaria) [on behalf of the cargo underwriters].

- M/V “Pelmariner” (1998: total loss due to collision with the M/V “Pelranger” off Bozcaada) [on behalf of the cargo underwriters].

- M/T “Crudegulf” (1998: grounding and salvage off Kizkulesi, Istanbul) [on behalf of the cargo underwriters].

- M/T “Gole” (1997: workers’ claims due to explosion at Pendik roads) [on behalf of the owner and P&I Club of the tanker].

- “Diler-Ok” Port Warehouse Fire (1997: total loss of cargo) [on behalf of the cargo underwriters].

- M/T “TPAO” (1997: personal claims, property claims, oil pollution and wreck removal arising from explosion and fire in shipyard at Pendik) [on behalf of the owner and P&I Club of the tanker].

- M/V “Simba I” (1995: sinking and total loss in the Black Sea) [on behalf of the owner of the vessel].

- M/V “Gu Yuan Hai” (1995: damages arising from collision with M/V “Barbaros Oktay” at Ahirkapi roads) [on behalf of the owner and hull insurer of the vessel].

- “B737-400, TC-JES” Aircraft (1994: passenger claims and other claims arising from the total loss at Van) [on behalf of the legal liability reinsurers of the aircraft].

- M/T “Nassia” (1994: property claims and oil pollution arising from collision with M/V “Shipbroker” in the Bosphorus) [on behalf of the owner and P&I Club of the tanker].

- M/V “Bangor” (1994: grounding and total loss at Ardesen) [on behalf of the owner of the vessel].

- M/V “Khudoznik Gerasimov” (1993: fire and salvage in shipyard at Pendik) [on behalf of the owner of the vessel].

- “Galata Bridge” fire (1992: fire and property claims arising from collision of the passenger ferry “Pendik”) [on behalf of the CAR reinsurers of the bridge].

- “Mil Mi-8, TC-HMS” Helicopter (1990: personal and property claims arising from total loss due to collision with wires of cable-car at Uludag) [on behalf of the legal liability reinsurers of the helicopter].

- M/T “Independenta” (1979: claims arising from loss of life, loss of and damage to property, and oil pollution as a result of the collision with M/V “Evriali” in the Bosphorus; most severe collision and oil pollution case in Turkish waters; assisting Av. Capt. Gunduz Aybay as a student trainee as of 1985) [on behalf of the owner of the tanker].

 

C) Court Expert and Sworn Translator

-  1/1/2007 -  31/12/2013: Court expert appointed by the Istanbul Admiralty Court and Commercial Courts in matters of Maritime, Insurance and Transport Law (this type of assignments discontinued because of explicit provisions in the new Civil Procedure Code that Courts are barred from appointing experts on legal matters.)

-  27/10/1987: Appointment as sworn translator for German and English by the Istanbul Beyoğlu 7th Notary Public.