Validity of Jurisdiction Clauses in Standard Terms and Conditions of International Commercial Contracts under Turkish Law
Review of Central and East European Law, cilt.49, sa.1, ss.53-87, 2024 (SSCI, Scopus)
- Yayın Türü: Makale / Tam Makale
- Cilt numarası: 49 Sayı: 1
- Basım Tarihi: 2024
- Doi Numarası: 10.1163/15730352-bja10096
- Dergi Adı: Review of Central and East European Law
- Derginin Tarandığı İndeksler: Social Sciences Citation Index (SSCI), Scopus, Academic Search Premier, International Bibliography of Social Sciences, American Bibliography of Slavic & Eastern European Studies (ABSEES), Business Source Elite, Business Source Premier, EBSCO Legal Collection, EBSCO Legal Source, HeinOnline-Law Journal Library, Index Islamicus, Political Science Complete, Public Affairs Index
- Sayfa Sayıları: ss.53-87
- Anahtar Kelimeler: applicable law, cross-border commercial contracts, jurisdiction clauses, standard terms and conditions, Turkish case law, Turkish law, validity
- Ankara Yıldırım Beyazıt Üniversitesi Adresli: Evet
Özet
The standard terms and conditions that are appended to cross-border commercial contracts frequently contain jurisdiction clauses. Different legal systems have divergent rules and practices regarding these clauses, however, which may affect their validity and hence undermine certainty and predictability in international commerce. Thanks to its geostrategic location, Turkey is an important trading partner for some of the leading global trade players, particularly the European Union. Hence, companies doing business in Turkey may frequently include jurisdiction clauses in favour of a foreign court in standard terms and conditions. This paper examines the validity of such jurisdiction clauses from a Turkish legal perspective, with examples from case law.