Firm / Organisation

Coşar Avukatlık Bürosu

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Managing Partner: Utku Cosar
Number of lawyers: 12
Languages: English, Turkish

Firm Overview:
Established in 1969, Cosar Avukatlık Bürosu is one of the leading law firms in Turkey. For the past eleven years, both the firm and its senior partners have been ranked in the first tier for dispute resolution by Legal 500 and Chambers, demonstrating that Cosar has one of the strongest and most consistent dispute resolution teams and practices in Turkey. With particular expertise in litigation and arbitration, the firm is renowned for its work in post-M&A, construction and energy related disputes. Cosar represents local and international private companies, states and government agencies in litigation and commercial, and investment arbitration. In addition to the leading partners, who have been consistently recognised as some of the most knowledgeable and skilled dispute resolution experts in Turkey, Cosar has a dedicated team of arbitration and litigation specialists with substantial experience in all types of disputes. This unique team of attorneys dedicated solely to dispute resolution allows the firm to effectively represent clients at all stages of a matter. The firm often advises clients on pre-dispute matters, the structuring and restructuring of investments, and conducts merits reviews of possible arbitration and litigation cases. Cosar’s areas of expertise include litigation of complex civil, commercial, and administrative disputes and enforcement of foreign arbitral and court decisions. Cosar has a very strong dispute resolution practice with considerable experience conducting local and international arbitrations under a variety of institutional rules, including the ICC, ICSID, LCIA and AAA. The firm also has extensive experience litigating before Turkish courts, having argued cases before the commercial, civil, administrative and tax courts, in addition to the Court of Appeals and Council of State.

Main Areas of Practice:

Dispute Resolution – Commercial Arbitration:
■ Cosar successfully represented a pension fund in an ICC arbitration involving a post acquisition dispute of a retail bank
■ The firm won a case representing a leading international natural gas company in an arbitration involving a state entity before the ICC
■ Additionally, Cosar successfully represented a client in an ICC arbitration with respect to a construction law dispute involving damages due to change order and delay claims
■ The firm also successfully represented clients in two other international arbitration cases subject to ICC Rules, both of which involved multi-hundred million US dollar compensation claims relating to energy projects
■ The firm’s recent experience includes representation of a leading private equity firm in an international arbitration under ICC Rules involving a post-acquisition dispute
■ Moreover, Cosar’s recent arbitration work involves successfully representing a claimant in a damages case before the AAA

Dispute Resolution – Investment Arbitration:
■ Cosar has extensive experience advising clients with regard to their investments in Turkey and related disputes arising out of bilateral investment treaties and multilateral investment treaties, including the Energy Charter Treaty
■ Highlighting its success in investment arbitration, Cosar won a US$10.1 billion ICSID case brought against the Republic of Turkey under the Energy Charter Treaty
■ Cosar’s recent experience includes representation of state clients in two investment arbitration cases before an ICSID tribunal involving energy-related disputes for a combined compensation claim of US$8.3 billion
■ The firm also successfully represented the Republic of Turkey in two separate multi-million US dollar claims brought by shareholders before the European Court of Human Rights (ECHR); both were dismissed for being manifestly ill-founded

Dispute Resolution – Litigation:
■ In addition to arbitration, Cosar has extensive experience in litigating before Turkish courts. Cosar’s recent experience includes representation of a US software company in a damages lawsuit before the commercial courts
■ The firm also represents a construction company in a series of damages disputes involving change order and delay claims and counter claims before the commercial courts and Court of Appeals, and an international company in tax disputes arising out of audits of state authorities before the tax courts and Council of State
■ The firm has represented a number of foreign clients, including a large industrial conglomerate and a leading discount supermarket chain, in cases before the Istanbul courts
■ Recent past litigation experience includes representation of an international energy company in disputes tried before the Turkish administrative courts regarding a power plant investment. Cosar successfully defended the client in a series of cases against claims of inconsistency and non-compliance with environmental, energy and administrative laws before the administrative courts and Council of State
■ In addition, the firm also successfully represented a retail bank in a damages lawsuit arising out of a fraud claim brought by a large international bank before the commercial court and Court of Appeals, and in related criminal cases before the criminal courts
■ Moreover, Cosar advises clients on enforcement of foreign arbitral awards and foreign court decisions in Turkey. The firm recently advised a client on the enforcement of an ICC award, where the opposing party had filed parallel local litigation in relation to the same dispute ■■Cosar advises clients in relation to insolvency and restructuring proceedings and lawsuits