Dr. Arzu Ongur on International Arbitration, Cross-Border Disputes, Foreign Investment and Türkiye’s Emerging Position in International Business
International commerce is becoming increasingly interconnected. Businesses today may work with partners, investors and customers in several countries, while a single commercial transaction can involve contracts, assets and legal obligations across multiple jurisdictions.
This internationalisation of business has also changed the way companies approach commercial disputes. When a disagreement crosses national borders, businesses need dispute resolution mechanisms that can provide a structured and predictable process.
Against this background, international arbitration in Turkey is becoming an increasingly important subject for international investors and companies engaged in cross-border commerce.
Türkiye’s location at the crossroads of Europe, Asia and the Middle East gives it a distinctive position in global trade. Its commercial relationships also extend into the Caucasus and Central Asia, creating connections between several important markets.
Istanbul occupies a particularly important place within this network. The city’s role in international trade, finance and investment has also increased interest in its potential as a regional centre for international arbitration and cross-border dispute resolution.
To examine these developments, we spoke with Dr. Arzu Ongur, Founder and Managing Partner of ONGUR & PARTNERS International Law Office. In this interview, Dr. Ongur discusses her international legal career, the practical importance of arbitration, Istanbul’s potential as an arbitration seat and the changing role of lawyers in international commercial disputes.
A Legal Career Shaped by International Practice
Dr. Ongur, could you begin by telling us about your professional and academic background?
My professional journey has been shaped, from its earliest stages, by international law, cross-border commercial relations, foreign investment and international dispute resolution.
I have always considered law to be both a system of rules and a framework through which economic relationships, investments and interactions between states, corporations and private parties are organised.
This approach has influenced the development of my professional career.
Academic research and legal practice have never seemed like separate paths to me. They provide different perspectives on the same legal questions and, when combined, can contribute to a more comprehensive approach to international legal practice.
Following my graduation from Ankara University Faculty of Law, I pursued postgraduate studies in Italy, including at the University of Bologna, and undertook further studies in European Union law at the Collegio Europeo di Parma. I subsequently completed my Ph.D. at Ankara University, with a particular academic focus on competition law.
My interest in international dispute resolution also led me to undertake specialised training in alternative dispute resolution, international arbitration and arbitral decision-making in the United States and the United Kingdom.
These experiences reinforced the importance of viewing arbitration from multiple perspectives.
An arbitration lawyer must understand the client’s commercial objectives and develop a strong legal case, but should also consider how an arbitral tribunal may assess the evidence, contractual provisions, procedural arguments and overall presentation of the dispute.
The Strategic Dimension of International Arbitration
International arbitration involves much more than substantive legal analysis.
A case may depend on procedural decisions, the organisation of evidence, expert opinions, technical documents and the way complex commercial facts are communicated to the tribunal.
Cross-border disputes are particularly demanding because they may involve different legal systems, several contractual relationships and parties located in different countries.
For an international arbitration lawyer, the task is to bring these different elements together and establish a clear legal and factual narrative.
This is also why dispute resolution should be addressed before a disagreement arises.
Businesses entering international contracts should consider the wording of their arbitration clauses carefully. The seat of arbitration, governing law, procedural rules and institutional framework can all have practical consequences if the parties later become involved in a dispute.
A carefully drafted dispute resolution provision can therefore become an important part of an international business strategy.
Italy and the Development of an International Perspective
Italy has also occupied an important place in my academic and professional life.
My education there, together with the professional relationships I have developed over the years, has helped me understand different legal systems and the commercial cultures in which international investment takes place.
Turkey–Italy commercial relations, international investments and the legal structuring of cross-border transactions remain important aspects of my professional work.
International legal practice requires an appreciation of these differences.
Understanding legislation is essential, but lawyers working with international clients must also recognise differences in commercial expectations, negotiation styles and legal traditions.
International arbitration and alternative dispute resolution constitute a substantial part of my practice. My institutional involvement in the field, including my work within the Turkish Bar Association and its arbitration framework, complements the international dispute resolution work undertaken in private practice.
Creating a Law Firm with a Cross-Border Focus
When establishing ONGUR & PARTNERS ankara law firm, my objective was to develop a practice rooted in Turkish law while also being able to serve clients operating across different jurisdictions.
For an istanbul law firm working with international businesses, domestic legal expertise is essential, but international matters require a broader understanding.
A foreign investor may need advice on investment structures, corporate arrangements, commercial contracts, regulatory obligations and potential dispute resolution procedures.
These issues can become closely connected during a cross-border transaction.
A commercial agreement, for example, may later give rise to contractual, corporate or regulatory questions involving parties and assets located in several countries.
International legal counsel must therefore be able to understand the interaction between domestic law and the wider international business environment.
Istanbul’s Position in International Arbitration
Istanbul’s geographical and economic position makes it an important part of the discussion surrounding international arbitration in Turkey.
The city has historically connected commercial routes between Europe and Asia and continues to serve as a major centre for international trade, investment and finance.
Its links with Europe, Asia and the Middle East provide a strong commercial foundation for companies conducting business across borders.
For businesses considering arbitration in Istanbul, however, geographical location is only one consideration.
The parties should also examine the relevant legal framework, procedural rules, enforceability of awards, institutional alternatives and the experience of potential arbitrators.
The selection of an arbitration seat should ultimately reflect the specific needs of the transaction and the risks associated with the commercial relationship.
Institutional Arbitration and Commercial Certainty
Institutional arbitration can give parties access to an established procedural structure and administrative support throughout an arbitration.
These features can be particularly valuable in complex disputes involving extensive evidence, multiple parties or technically specialised issues.
However, the institution itself does not determine the success of an arbitration.
The arbitration agreement, appointment of arbitrators, procedural strategy, evidence management and presentation of legal arguments remain fundamental.
For this reason, companies should analyse arbitration clauses as part of their broader contractual and commercial planning.
Dispute resolution should not be considered only after a business relationship has deteriorated. It should be addressed when the relationship is being established.
The New Expectations for International Arbitration Lawyers
The nature of international disputes continues to evolve.
Arbitration proceedings can now involve sophisticated financial arrangements, investment structures, digital evidence, technical information and large volumes of commercial documentation.
This means that the next generation of international arbitration lawyers will need to combine traditional legal expertise with a wider understanding of international business.
Knowledge of finance, investment, technology and commercial strategy can be highly valuable when dealing with complex disputes.
Communication skills are equally important.
Lawyers must be able to explain complicated legal and commercial matters clearly to clients, tribunals, experts and other participants in the proceedings.
In my view, effective arbitration practice requires rigorous legal analysis together with strategic and commercial thinking.
A legal strategy should ultimately help the client achieve its broader objectives rather than focus exclusively on isolated legal issues.
International Investment and Disputes in Türkiye
Türkiye’s expanding role in international trade and foreign investment is creating new opportunities as well as new legal challenges.
International investors can become involved in disputes concerning commercial contracts, construction projects, corporate relationships, financing arrangements, investment structures and regulatory matters.
Understanding the available dispute resolution mechanisms in Turkey is therefore an important element of international business planning.
Ideally, these issues should be considered during the negotiation of the transaction.
By reviewing contractual provisions and potential dispute resolution mechanisms at an early stage, businesses can better understand their legal position if a disagreement later develops.
This is particularly important for transactions involving multiple jurisdictions, foreign investors or assets located outside the country.
Can Türkiye Become a Regional Arbitration Hub?
Türkiye’s location and increasing participation in international commerce provide a strong basis for the continued development of international arbitration in Turkey.
Istanbul is especially relevant because of its commercial relationships with Europe, Asia and the Middle East.
As international companies expand their investments in Türkiye and Turkish businesses increase their international activities, the demand for legal professionals with experience in cross-border disputes is likely to continue growing.
The development of arbitration should therefore be considered as part of Türkiye’s wider participation in the international economy.
A well-functioning dispute resolution environment can contribute to greater confidence among businesses entering cross-border commercial relationships.
The Future of Arbitration in Istanbul
The future of Istanbul arbitration will be shaped by legal expertise, institutional development, international confidence and the continued expansion of Türkiye’s commercial connections.
Businesses operating internationally increasingly require dispute resolution mechanisms that can provide clarity and predictability while accommodating complex commercial relationships.
Istanbul has several advantages in this respect, including its geographical location, international business environment and connections with major economic regions.
For investors and companies operating in Türkiye, understanding arbitration and other dispute resolution options should therefore be regarded as part of responsible commercial and legal planning.
The continued development of international arbitration in Turkey reflects the country’s broader integration into global investment and trade.
As international commercial relationships continue to expand, Istanbul has the potential to strengthen its position as a regional centre for international dispute resolution and become increasingly significant for businesses seeking solutions to complex cross-border disputes.