POSSIBLE IMPACT OF THE HAGUE CONVENTION ON CHOICE OF COURT AGREEMENTS ON TURKISH LAW
POSSIBLE IMPACT OF THE HAGUE CONVENTION ON CHOICE OF COURT AGREEMENTS ON TURKISH LAW

Summary/Abstract: The parties have the opportunity of granting jurisdiction to a Turkish court or to a foreign court in the field of law of obligations under Turkish law. This is considered as the reflection of the principle of freedom of will inherent in the field of law of contracts. The jurisdiction agreements granting jurisdiction to Turkish courts are subject to the Civil Procedure Code (CPC) Articles 17-18; whereas, the competence of foreign courts through the agreement of parties is subject to the Private International Law Act (PILA) Article 47. The recognition and enforcement of foreign court decisions are provided in Articles 50-60 of the PILA. Turkey did not sign the Hague Convention on Choice of Court Agreements (Hague Convention). In this article, I will give basic information on the validity of jurisdiction clauses; and recognition and enforcement of foreign court judgments under Turkish law in comparison with the Hague Con-vention. I will try to demonstrate the consequences of future ratification of the Hague Convention by Turkey to these issues.

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