The Newcastle winger has opted not to move to Slaven Bilic's side and his lawyer insists he is keen to stay in England and ideally with the Magpies
Hatem Ben Arfa's lawyer has stated that the Newcastle star has rejected a move to Besiktas as he wants to stay in England.
It was revealed earlier this week that Besiktas had made a move to land the French playmaker, who has been banished to the Newcastle reserves since the end of last season.
The Turkish outfit were confident of sealing a move for the 27-year-old, but Ben Arfa - who has less than 12-months left on his current deal - is seemingly unwilling to move unless it is on his terms.
"I received an email from the club confirming that Newcastle had found an agreement with Besiktas for the transfer of the player," Jean-Jacques Bertrand told French website Foot Mercato.
"I discussed the sporting advantages with his agent Michel Ouazine and Hatem without talking about the figures.
"Finally, Hatem has decided not to go with this offer. He prefers to stay in England and to play at Newcastle. Besiktas is therefore a no go."
Bertrand insists that Ben Arfa still sees a future for himself at Newcastle, despite boss Alan Pardew's insistence that he does not want to use him.
"He has a strong character and knows a lot more about who he is and where he wants to go then what is claimed about him. He wants to light up Newcastle, he loves this club and this town," he said.
"It is absolutely abnormal that he is not treated in the same way and with the same conditions as his team-mates in the first team. If this continues after the transfer window, we will look to take action through the FA.
"He must have the same working conditions as the others, we are not asking him to start games or to be subbed on, but he just deserves the chance to train with the others.
"This situation cannot go on forever. I don’t know if the club understands this, but Hatem is attached to Newcastle.
Championship Birmingham have also been linked with a loan move, but he added: "For Birmingham, there is nothing."