How is the governing law chosen in commercial contracts?

Under art. 24 of the International Private and Procedure Law (No. 5718), parties may freely choose the governing law in commercial relationships with a foreign element. The choice must be explicit or clearly indicate the parties' will. Party autonomy generally applies, save for protective rules such as those for consumer and employment contracts. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

Are jurisdiction and arbitration clauses valid in commercial contracts?

Under art. 17 of the Code of Civil Procedure, merchants and public legal entities may agree on jurisdiction. Arbitration clauses are valid under art. 412 of the Code of Civil Procedure and the International Arbitration Law, provided the matter is arbitrable and the clause is in writing. Restrictions apply in areas such as consumer disputes. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

Commercial Contracts

Istanbul commercial lawyer assisting with drafting and reviewing all commercial contracts including dealership, distribution, franchise, supply and non-disclosure agreements.