Fora
1. In what fora are insurance disputes litigated?
In the Turkish judicial system, insurance disputes are resolved
by the commercial courts, irrespective of the amount or value of
the dispute. On the other hand, insurance disputes arising out of
maritime law are heard by a specialised commercial court. If a
province has no specialised court or any other regular commercial
court, disputes are heard by the general competent court, namely a
civil court of first instance.
The Code of Civil Procedure provides the claimant with a number
of alternative courts with jurisdiction for insurance disputes,
including the commercial courts at the domicile of the defendant,
and the place of immovable property or risk that is claimed to have
triggered the insurance coverage. The Turkish Code of International
Private Law No. 5718 has designated specific jurisdictions for the
cases arising from insurance contract disputes including foreign
elements, and clearly states that they