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ARTICLE · 29 JULY 2015

Brief Information On Arbitration In Turkey

Öncel, Aydin & Uygun Attorney Partnership
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International Private and Procedure Law No. 5718 ("IPPL") allows parties to a contract bearing a foreign element freely choose the governing law to be applied to disputes arising out of such contract...

TurkeyLitigation, Mediation & Arbitration
Erman Öncel, LL.M. Esq.
Erman Öncel, LL.M. Esq.
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Determining Foreign Law as the Governing Law:

International Private and Procedure Law No. 5718 ("IPPL") allows parties to a contract bearing a foreign element freely choose the governing law to be applied to disputes arising out of such contract, unless the given dispute is required to be solved according to Turkish Law as per the IPPL. For example, lawsuits regarding utilization of real properties located in Turkey or establishment of real rights on the same are subject to Turkish law or if a lawsuit is initiated regarding infringement of intellectual property rights for which protection is sought in Turkey, such lawsuits must again be solved according to Turkish laws. Moreover, lawsuits that are initiated based on claims of unfair competition and violation of competition rules, are required to be solved according to Turkish law, if Turkish markets are directly affected by the infringing acts. Whereas, disputes over contractual relationships are - as a rule - subject

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