Firm / Organisation

Erçin Bilgin Bektaşoğlu

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This content is provided by Erçin Bilgin Bektaşoğlu.

Number of partners: 4
Number of lawyers: 10
Languages:
 English, French, German, Turkish

Firm Overview:
Erçin Bilgin Bektaşoğlu was established in August 2006 by the three name partners. Feyzi Erçin, Burcu Çelikçapa-Bilgin and Dilek Bektaşoğlu-Sanlı have been working together as a team continuously since mid-1990’s. In 2006, they decided to set up their own firm and Erçin Bilgin Bektaşoğlu was established as a niche transport and insurance firm. Since then, the firm expanded steadily. In 2012, Sinan Şenol, one of the associates of the firm at the time of its foundation, was promoted to partnership. In its fourteenth year, the firm has four partners, ten associates and two trainees. The focus of the firm remains transport and insurance, but in time, all subsections of these two major areas have also been covered and the experience consistently increases. Contentious matters are the main focus of the firm. All partners have extensive litigation experience, including arbitration and mediation. The experience has ranged from professional liability to class actions in total losses of aircrafts and train accidents and from highly technical energy and insurance disputes to disputes between regional governments.

Main Areas of Practice:

Insurance:

■Advising London reinsurers to assist with a blast furnace loss at the largest steel plant in Turkey, on coverage issues with the policy in respect of the Insured’s claims that amount to USD 55 million
■Instructed in relation to a Turkish leading bank’s liability for a loan fraud under a Comprehensive Crime and Professional Indemnity reinsurance cover for a claim of USD 39 million
■Providing legal advice to London reinsurers, in respect of a policy of warranty and indemnity insurance. Coverage was questioned in respect of a huge claim of competition penalties potentially up to USD 30 million, relating to the largest poultry producer of Turkey
■Advising a local insurer and a leading reinsurer on a CAR Policy, concerning the Lower Kaleköy Dam and Hydroelectric Power Plant on the Murat River, Bingöl city, Turkey in respect of losses arising from the landslide occurred during the construction, for a claim of USD 29 million
■Advising London reinsurers, in respect of a failure of gas turbine unit combined cycle power plant in Kirikkale, Turkey for a claim of USD 27 million
■Instructed in relation to a leading Turkish bank’s liability under a BBB reinsurance policy for claims over USD 20 million
■Defending London Reinsurers and their Cedant under BBB (Bankers Blanket Bond) policies. The Insureds, against whom claims are raised, include leading Turkish Banks. The claims range from USD 5 million to USD 20 million
■Instructed to represent Reinsurers to give legal advice on coverage points regarding a loss of a Turkish bank, in the amount of EUR 15 million under the Financial Institutions Professional Indemnity Policy which is based on a demand from a hotel customer
■Instructed in relation to third party claims of over USD 15 million regarding a fire at a warehouse
■Defending Insurers and Insured’s interests under D&O policies. The claimants are a leading factoring company of Turkey and an energy giant and a leading logistics service provider. Claims range from USD 5 million to USD 25 million

Dispute Resolution:
■The firm managed to settle a USD 50 million corporate dispute between the shareholders, relating to a new hydro energy power plant to be built. This was a major claim, where the claim was settled in six months after hard negotiations with a governmentrelated construction corporation
■Instructed on behalf of a Regional Government, against a Middle Eastern Government, for an injunction order in Turkey, against assets of the Government for oil revenues accrued and unpaid, as part of an international strategy that involved different legal actions in various jurisdictions. The claims were settled while the application was pending and being argued before the Turkish Court. The total claim was USD 37 billion and the amount for which the Firm had initiated proceedings in Turkey was almost for USD 100 million
■Advising the Auditing Association of German Banks in relation to the privatization of a major German bank and reviewing all relevant litigation files pending before Turkish Courts regarding several shipping disputes of a claim worth EUR 160 million.Instructed by the London reinsurers in relation to various actions and claims arisen from two catastrophic train accidents occurred at Corlu and Ankara
■Instructed by the biggest yacht marina in Turkey for defending them in Court proceedings commenced by the previous shareholder on the basis of the alleged fraudulent misrepresentation at the time of the share transfer. The claim amount is USD 32 million
■Instructed by the German liability underwriters in relation to a fire at the factory allegedly caused by the machine delivered by the insured, where EBB represents the insured in the legal proceedings filed for the alleged losses of EUR 9 million

Aviation:
■The firm is very experienced with its the handling of major total losses and has been involved in the litigation of certain claims resulting out of Turkish Airlines’ 2003 “Diyarbakır” Crash as well as Atlasjet’s “Isparta” Crash in 2007, on behalf of London reinsurers, through a London law firm, with a local team led by Feyzi Erçin. The firm’s advice covered criminal and administrative aspects as well as directly handling all personal injury claims, besides assisting to coordinate settlement and litigations with ongoing French and US proceedings abroad
■In one of the most prestigious instructions EBB received, EBB advised London reinsurers in respect of coverage issues around an in-Orbit insurance policy, relating to a breakdown on the Turkish satellite, possibly the first time a law firm advised on such space law insurance issue
■This year the firm has once again established itself as the leading aviation firm in the Turkish market by being instructed on the past year’s major casualty. A private jet with two crew and eight passengers returning from a bachelor’s party crashed in Iran Instructions were received from a major London law firm
■Advising two major airlines in respect of the legal questions that arise following their collisions on the runway at the Istanbul Atatürk Airport with two different Turkish Airlines aircraft on two occasions ■The aviation practice extends to aviation finance and we advised a major leasing company on a deal of USD 51 million for the takeover of 3 commercial aircrafts currently operated by Turkish Airlines. The transaction included the review and execution of the Novation Agreement of the existing lease structure and related registration procedures before the Turkish Civil Aviation Authority

Shipping:
■Vast expertise in the handling of wet shipping cases and the experience ranges from the “Nassia” collision, to fire on board the “TPAO”, and from the break-up of “Volgoneft-248” causing a major oil spill, to last year’s major collision of a vessel into a historic monumental building on the Bosphorus
■Representing Owners and Hull Underwriters continuously for salvage and general average matters
■Providing legal advice on the contractual obligations of, and defences available to, an oil driller contractor, whose vessel is chartered by a Turkish state owned enterprise, for performing drilling operations in disputed international waters between Greece, Turkey and Cyprus
■Assisted DFDS Turkey with the acquisition and registration of two newbuilt ro-ro Vessels, which have become the largest ro-ro vessels in DFDS fleet. The deal was worth EUR 140 million
■Recently representing cargo interests for a claim of USD 16.5 million in relation to the arrest proceedings
■Instructed by the Owners of a mega yacht under construction in Turkey worth to EUR 80 million regarding the construction agreement with the yard
■Drafting complex ship conversion projects on behalf of a Turkish Shipyard, for a value over USD 22 million