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Lawyers

Yasemin Çetinel

Yasemin Çetinel

Position

Yasemin Cetinel is the founding partner of Cetinel Law Firm in Istanbul, specialized in international construction law, international investment, and commercial arbitration, with a specific focus on construction disputes.

Career

Yasemin Çetinel is a founding partner of Cetinel Law Firm. She works as a counsel, and she also sits as board member or arbitrator in construction disputes both at dispute board and arbitration levels.

Consultancies and mandates

Counsel of an Italian company in its dispute against the Client in relation with a PPP based Hospital Project in Ankara, Turkey, Counsel of a Turkish/Italian JV Contractor in its dispute against the Employer in relation with Haliç Metro Crossing Bridge of İstanbul Metro Project in Istanbul,Turkey, Counsel of an American Company in its dispute against Turkish Company with regards to the Joint Venture Agreement related to Project on construction of ring road in Afghanistan before LCIA (LCIA Case no: 235943), Counsel of a Turkish contractor in its dispute against the Main Contractor in Çanakkale 1915 Bridge Project before ICC (ICC Case no: 26546/AYZ), Co-counsel of the Claimant (Turkish company) against Libya for an investment dispute arising out several construction projects in Libya, (Ad-Hoc Arbitration under OIC Rules, Case started), Co-counsel for a German EPC Contractor in its dispute against an Austrian&Tunisian Oil&Gas Plant Owner in Tunisia (ICC Case no: 25919/FS) Co-counsel for a Turkish/Italian/Korean JV EPC Contractor in its dispute against the EPC Subcontractor in relation with a PPP based Hospital Project in Gaziantep, Turkey (ICC Case no: 25722/AYZ) Counsel for a Turkish/Italian JV Contractor with regards to the DAB process against the Turkish Ministry of Transportation and Infrastructure on a railway project (high speed train) in Turkey (FIDIC Redbook based main contract) Advising an Italian company with regards to a railway project (high speed train) of the Turkish Ministry of Transportation and Infrastructure in Turkey (FIDIC Redbook based main contract) Advising Mauritius Roads Authorities in relation with a dispute arising out of two separate contracts, one construction contract with a roads contractor and once design contract with a designer company, Advising an Italian contractor with regards to the DB process on the Project for construction of diversion tunnels in Lesotho (FIDIC Redbook – MDB Version) Advising a Turkish contractor with regards to its road construction contract with Ethiopian Road Authority, relation with its DAB Procedure, contract based on FIDIC Redbook – MDB Version, Counsel of a Dutch design company with regards to the amicable settlement process against the Istanbul Water Directorate in relation with the Istanbul Masterplan Project, Advising a French&Turkish specialized contractor in relation with the incremental launch method based approach viaducts for Canakkale Bridge, Counsel of a Turkish construction company for its construction claims against Roads Authority in Libya, contract management and tender reviews for its contracts in Azerbaijan, Turkic states and Russia. Recent Mandates Counsel of a Turkish construction company against an employer from Cameroon, in its ICC dispute arising out of a construction project in Cameroon (ICC Case no: 25250/GR), Counsel of a Claimant (Turkish construction company) in its claims against a Turkish Owner in the EMAAR Square Project in Istanbul, a local arbitration case, (TOBB Case no: 2018/7) Counsel of an Italian construction company in its tenders in or outside Turkey on rehabilitation/renovation/restitution works, 1987 FIDIC based tenders in Algeria, Counsel of an Italian-Turkish joint venture contractor with regards to a hydropower plant project owned by a Norwegian state entity in Turkey, contract primarily based on FIDIC Red Book 1999 edition, mediation with the owner is settled with success; the claim procedure with the main Subcontractor ongoing. Advising a Turkish-French joint venture in its infrastructure projects in Turkey in public and private tenders and their contract management (ad-hoc type contracts) for projects in Turkey (third Bosphorus bridge connection roads and viaducts), Advising a Turkish-Indian joint venture in its subcontract with a Turkish employer in an oil refinery project in Izmir, Turkey, Advising Turkish Contractors ’Association with regards to dispute board processes, member contractors ’claims and/or disputes in Libya, review of contracts of various Libyan procurement type, Advising a Turkish construction company in its house development project in Senegal (ad-hoc type contract in negotiation with a governmental entity), Advising a Turkish infrastructure contractor in its power plant construction project carried out in Algeria (FIDIC EPC based contract in French).

Selective Work Experience on Construction and Dispute Resolution (Recent Personel Appointments)

Appointed by the ATCEA as the Sole DAB member for the Giresun Wastewater Collection System Project, Giresun, Türkiye (whereby the contract is based on FIDIC Red Book) (Finalized). Appointed by the ATCEA as the Sole DAB member for the Doğubayazıt Wastewater Treatment Plant Project, Doğubayazıt, Türkiye (whereby the contract is based on FIDIC Yellow Book) (Finalized) Acting as sole arbitrator appointed by ISTAC (Istanbul Arbitration Center) in a dispute arising out of a construction contract between multiple Turkish parties (ISTAC Case no: 2022/IA-140), (Finalized) Acting as sole arbitrator appointed by ITOTAM (Istanbul Chamber of Commerce Arbitration Center) in a dispute arising out of a construction contract between multiple Turkish parties (ITOTAM Case no: 2022/4), (Finalized) Dispute Board Member appointed by the Contractor in the Shire Valley Transformation Program-1(SVTP-1)- Construction of Main Canal 1(MC1) and Main Canal 2 (MC2) Project (MW-MOAIWD150188-CW-RFB) whereby the contract is based on FIDIC MDB Version (DB appointment process ongoing), Appointed by the Dispute Board in Marmaray CR3 Project in Istanbul, Turkey (whereby the contract is based on FIDIC Silverbook) as the Board’s Turkish law expert in various referrals (Ongoing) Dispute Board member appointed by the Employer in the Reconstruction Works of Kartal Training and Research Hospital (AFEIB-WB1-YAPIM-03), whereby the contract is based on FIDIC Redbook, (Finalized) Acting as co-arbitrator appointed by ICC Court of Arbitration in a dispute arising out of a subcontract for a construction project in Qatar, between a Turkish contractor and a Lebanese subcontractor (ICC Case 24740/AYZ) (Finalized) Acting as the sole arbitrator appointed by ICC Court of Arbitration in a dispute arising out of a FIDIC MDB Edition contract, between a Romanian state institution and an Austrian contractor (ICC Case No: 22911), (Finalized) Acting as the President of a Tribunal consisting of three arbitrators in a dispute arising out of a Subcontract between two Qatari companies (ICC CASE NO: 27125/ELU), (Finalized)

Memberships

ICC Alternative Dispute Resolution Center, Standing Committee Member

Dispute Resolution Board Foundation (DRBF): Region 2 President

Society of Construction Law Turkey, Chairperson • Chartered Institute of Arbitrators: Fellow

Kuala Lumpur Regional Centre for Arbitration: Panel of Arbitrators Member

Milan Chamber of Commerce Arbitration Centre: Dispute Board Panel Member

EODID Athens Mediation & Arbitration Organization: Arbitrator

Istanbul Arbitration Centre (ISTAC): Construction Committee Member

Turkish Contractors ’Association: OECD-MENA Working Group on the Investment Protection in Mediterranean (Arbitration in Mediterranean sub-group) Representative

Education

Ms. Cetinel is a graduate of Galatasaray University, Faculty of Law. She is a candidate on the MSc degree for quantity surveying at Heriot-Watt University; and she holds a postgraduate degree in international commercial arbitration from the Queen Mary and Westfield College, University of London. She is an attorney registered to the Istanbul Bar Association.