Turkey: optional choice of court agreements

Abstract

This chapter analyses choice of court agreements under Turkish private international law. Turkish private international law recognizes the freedom of the parties to conclude an agreement which designates Turkish courts and/or foreign courts as having jurisdiction for the resolution of their existing or future legal disputes under certain conditions. In this chapter first, agreements granting jurisdiction to foreign courts are examined, mainly through the requirements and consequences of forming such an agreement. Next, rules governing agreements granting jurisdiction to Turkish courts are explained. Following this, asymmetrical jurisdiction agreements are discussed. Subsequently, the requirements for the recognition and enforcement of a foreign judgment rendered by a court designated through a jurisdiction agreement are explained. Finally, discussions regarding co-existing jurisdiction and arbitration clauses are assessed. Notwithstanding the need to reform particular aspects of Turkish law in relation to jurisdiction agreements, it is concluded that the Turkish legal framework in this area is sufficient for both Turkish and foreign parties to securely conclude choice of court agreements.