The Choice of Court Agreements in Turkish Law
10.08.2024 / Stj. Av. Umay Ece Tecimel
In Turkish law, similar to German law, parties may mutually agree to designate a competent court. This agreement is known as a "choice-of-court agreement." The conditions, effects, and consequences of choice-of-court agreements are regulated by Articles 17-18 of the Turkish Civil Procedure Code.
Under Turkish law, the parties eligible to enter into such agreements are restricted; specifically, choice-of-court agreements can only be made between merchants or legal persons under public law. Individuals outside these categories, such as consumers, cannot enter into choice-of-court agreements.
Merchants or legal persons under public law can designate one or more courts as having competence of the court through such agreements, and unless otherwise agreed by the parties, lawsuits must be filed exclusively in the courts designated by the agreement.
To be valid, a choice-of-court agreement between merchants or persons under public law must meet certain conditions:
Subject Matter: The choice-of-court agreements can only pertain to matters over which the parties have the freedom to agree. For instance, a choice-of-court agreement can be made regarding disputes arising from a contractual relationship. However, these agreements cannot be made for matters involving divorce or family law issues.
Exclusive Jurisdiction: Choise-of-court agreements cannot be used in cases where an exclusive jurisdiction has been established for the complaint.
Written Form: Choise-of-court agreements must be concluded in writing.
Certain Legal Relationship: Choise-of-court agreements should refer to a certain legal relationship and to the legal disputes arising therefrom.
Determinated Court: The agreements must specify the court determinated as competent.
A lawsuit must be filed in the court designated by choice-of-court agreement. If a lawsuit is filed in a court other than the one specified by the agreement, the defendant must raise an objection. If no objection is made within the proper time frame, the initially non-designated court will be deemed competent.