Mr Riza Gümbüşoğlu

Riza Gümbüşoğlu

Lawyer biography

Dispute Resolution

Employment

Business Crimes and Anti-Corruption

Administrative, Tax and Regulatory

Construction and Real Estate

Bar Admission: Istanbul Bar Association

Riza’s Expertise

Riza Gümbüsoglu has been with the firm since 1994. He is a partner and co-chair of the firm’s dispute resolution and employment practices.

Riza has deep commercial litigation experience and throughout his career he has advised local and multinational clients on all forms of commercial dispute.

He has dealt with numerous commercial and corporate disputes and matters, involving large corporate claims, shareholders disputes, joint venture disputes as well as insurance and reinsurance matters in relation to construction, banking, securities, capital markets and the corporate issues.

He has also engaged in disputes arising from construction contracts, distribution agreements, white collar crimes, customs related matters and tax issues. He has a significant industry expertise in transportation, construction & real estate and fertilizers.

Riza advised clients on restructuring facilities; lay off cases, employment contracts, related litigation and various employment issues including dealing with mass layoffs with no litigation.

Before joining the firm, Riza had worked as the Chief Court Clerk in the Istanbul Civil Courts for 13 years.

Associations:

  • Ethics & Reputation Society (TEID)

Publications:

  • Employment and Employee Benefits in Turkey, Practical Law, Co-Author, 10.04.2018
  • Reform Introduces Requirement to Mediate Before an Employment Claim, Ogletree Deakins, Co-Author, 02.04.2018
  • Labour Courts Act Comes Into Effect, ILO - Employment & Benefits Newsletter, Co-Author, 30.11.2017
  • Labour Courts Act Has Come into Force on 25 October 2017, Gün + Partners, Co-Author, 31.10.2017

Education:

  • 2006, Bilgi University, Faculty of Law, Istanbul (Attended Labour Law Lecturer)
  • 1993, Istanbul University, Faculty of Law, Istanbul LL.B.
  • 1981, Institute of Justice, Istanbul
  • 1976, Göl Teaching School, Kastamonu

Languages: Turkish

 


Updates

Arbitration & ADR

One last step before litigating your commercial receivables: mandatory mediation
Turkey | 07 February 2019

Mandatory mediation for commercial disputes was recently introduced by the Law on Legal Procedures to Initiate Proceedings for Monetary Receivables arising out of Subscription Agreements. As a result, an application for mediation is a condition for bringing a legal action before the courts, and a case will be dismissed on procedural grounds if the claimant in a commercial action fails to fulfil this obligation.

Employment & Benefits

Constitutionality of 5% interest rate payment rule under Press Labour Law
Turkey | 11 December 2019

The Constitutional Court recently found that the requirement for employers to pay interest at a rate of 5% for each day that a journalist's overtime payments remain outstanding conflicts with the Constitution. The court ruled that this requirement places an excessive burden on employers and may result in journalists' unjustified enrichment. Therefore, the court repealed the provision on the grounds that it breached the principles of proportionality and equality.

Labour Courts Act comes into effect
Turkey | 29 November 2017

The Labour Courts Act, which was recently published in the Official Gazette, aims to ease the judiciary's workload and accelerate the judicial process in employment cases. The act has introduced a number of changes, the most important of which include mandatory mediation for employers and employees before initiating lawsuits, an amended procedure for reinstatement cases and a reduced statute of limitations of five years for several types of compensation.

Litigation

Supreme Court revokes its decision on service date of electronic notifications
Turkey | 04 February 2020

The Supreme Court recently examined the date on which an addressee had viewed an electronic notification. The court's first decision caused uncertainty as it accepted the date on which the notification had been viewed as the notification date. However, the court later revoked this decision and provided clear legal guidance that electronic notifications will be deemed to have been served by the end of the fifth day after their delivery, regardless of whether the addressee has viewed the notification.

Constitutional Court annuls provision on imprisonment for opposition to interim injunctions
Turkey | 26 March 2019

Parties that failed to comply with an interim injunction or that violated an injunction previously faced one to six months' imprisonment. However, the Constitutional Court recently annulled this provision due to its lack of clear regulation and legal remedies. The changes will enter into force nine months after their publication in the Official Gazette and are final and binding on legislative, executive and judicial bodies, administrative authorities and real and legal entities.

Court decides on issuance of certificate of inheritance for foreign-owned real estate
Turkey | 25 April 2017

If a foreign national who owns real estate in Turkey dies, his or her successors must have recourse to the Turkish courts and obtain a certificate of inheritance in order to complete the transfer of the real estate under their names before the land registry or be able to legally dispose of the property in any manner. A recent case illustrates that this issue can be overcome by the submission of specific documents issued by the competent authorities of foreign countries, testament or notary statements.

Court appoints former partner as gratuitous bailee to preserve company books
Turkey | 05 July 2016

The court of peace recently appointed the former partner of a liquidated company as a gratuitous bailee to preserve the company's books. The decision created an alternative approach to the preservation of the books of liquidated companies, which must be preserved by a court of peace. The new approach should help to address concerns regarding the court's limited amount of storage space for company books.

General assembly resolution with forged signature declared void
Turkey | 03 May 2016

A recent Court of Appeals case concerned a resolution taken at a general assembly meeting where the signature of the shareholder plaintiff's representative had been forged. As it was established without doubt that the signature on the general assembly meeting minutes did not belong to the plaintiff's representative, the court declared that the decisions taken at the general assembly were null and void.

Apples and oranges: uncontested invoices and binding contracts
Turkey | 16 February 2016

In order for an invoice to generate a payment obligation on its recipient, Turkish law requires that there be an obligatory relationship between the drafter and recipient. A recent case confirmed that even when the recipient of an invoice does not object to it and inadvertently records it in its accounting books, this does not result in a payment obligation unless the invoice has a legal basis.