Recent Development
Consumer complaints against sellers and manufacturers may be
brought before Turkish consumer courts only if the amount in
dispute is above a certain threshold. These thresholds are
determined shortly before the beginning of each calendar year.
Consumer complaints below the jurisdictional thresholds may only be
brought before a consumer arbitral tribunal. Through the
Communiqué on Raising the Monetary Limits Set Forth in
Article 68 of Law No. 6502 on the Protection of Consumers and
Article 6 of the Consumer Arbitral Tribunals Regulation, Turkey set
the threshold for 2021, raising it by 9,11%.
Any consumer complaints below TRY 11,330 (approximately USD
1,530) must be submitted to consumer arbitral tribunals, whereas
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Good faith requires a party to a contract whose actions or words
have created a false impression in the mind of a counterparty to
take positive steps to correct it, the Supreme Court of Canada
recently held in
C.M. Callow Inc. v Zollinger, 2020 SCC
45. If a party to a contract remains silent when it becomes aware
it has caused a counterparty to misapprehend a matter directly
connected to the performance of the contract or the exercise of a
contractual right, that party may be liable for a breach of the
1
(“
Vidya Drolia”) has made an attempt
to clear the decade-old uncertainty on this issue and has proposed
a four-fold test to determine the question of arbitrability in
India along with an interpretative guide for forums adjudicating
this issue.
This article briefly discusses the position of law prior to the
judgment in
Vidya Drolia and then goes on to discuss the
key findings of the Supreme Court in
Vidya Drolia and the
application of the test and guidance to forums.
Arbitrability under Indian Law: The Pre-Vidya Drolia Era
The Supreme Court s 2011 judgment in
Booz Allen and
Hamilton Inc v.
SBI Home Finance Ltd. &
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A sale contract is a legally binding document
that is generally irrevocable after its conclusion. In principle,
contracts may not be revoked as a result of the will of one of the
parties, hence; the legal terminology contract with the down
payment has been established.
When a
preliminary sale contract is entered
into, both parties agree to a down payment which is
a
percentage of the full purchase price paid by the
purchaser. On the one hand, a down payment may be considered as a
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The recognition and enforcement of arbitration awards are of
paramount importance for the success of arbitration in the
international arena. This is well evidenced by the fact that the
enforceability of awards worldwide is considered one of
arbitration s primary advantages. Unless parties can be sure
that at the end of arbitration proceedings, they will be able to
enforce the award, if not complied with voluntarily, an award in
their form will be only a pyrrhic victory.
The New York Convention on the Recognition and Enforcement of