The International Private Law Act came into force in Turkey in 2007. This law, which consists of 64 articles in total, regulates the determination of the law to be applied in transactions and relations with foreign elements, determining the international powers of Turkish courts in this regard, and the recognition and enforcement of the decisions made by foreigners.
This Law consists of three parts. International private law in the first part and international procedural law in the second part is regulated.
The judge automatically applies the rules of Turkish conflict of laws regulated in the first part of this law and the foreign material law rules authorized according to these rules.
Conflict of laws indicates the law to be applied in disputes arising from events and relationships with foreign elements. These rules are demonstrative legal rules. Conflict of laws has been arranged between IPLA art.9 and 39. When we examine the headings of law here, it is shown which law will be applied in cases that are the subject of private law. For example, Art.24 stated that the parties are subject to the law of their choice in contractual debt relations. Here, the parties are given freedom in the choice of law. However, in this choice of law, it is not possible to act against the borders regulated in TCO Art.26-27. The parties may partially choose the law they choose to apply to certain parts of the contract.
There is no time limit for making a choice of law. However, when they change the existing law chosen, they cannot harm the rights of third parties. In case the parties do not make a choice of law, the state law, which is the most closely related to the contract, is applied to the contractual relationship. This issue has been clearly explained in IPLA md.24/4. Choice of law contract is a separate contract from the original contract that gives rise to debt. Therefore, the invalidity of one does not affect the other contract.
The powers of Turkish courts and the recognition and enforcement of foreign courts and arbitral awards are regulated in the international procedural law section regulated in the second part of the Law.
The international jurisdiction of Turkish courts is determined by the jurisdiction rules regulated in general domestic law. There are also special jurisdiction rules regulated in the law.
Relevant articles of the Code of Civil Procedure are applied in the general jurisdiction rules. In addition, special jurisdiction rules regulated in the CCP are also applied in international cases.
Special jurisdiction rules regulated by IPPL are regulated in art.41-46. Special jurisdiction rules have been adopted in cases related to the personal rights of Turks, in cases related to the personal status of foreigners, inheritance cases and cases arising from social contracts.
Authorization agreements can also be made in contracts that include foreign elements. Although the relevant CCP articles are valid here, too, if the foreign court is authorized, authorization contracts should not be made in cases where Turkish courts have exclusive jurisdiction. In this case, Turkish courts do not recognize and enforce the decisions made by the courts of foreign countries.
Recognition and enforcement of foreign court decisions regulated in IPPL articles 50-59 and the recognition and enforcement of foreign arbitral tribunal decisions has regulated in article 60-63 of IPPL.
Recognition is the acceptance that the decisions made by the courts of foreign countries are in the nature of final judgment or conclusive evidence. The conditions for making a recognition decision consist of the same conditions, except for the mutual transaction requirement, which are deemed necessary for the recognition of enforcement decisions.
Enforcement is the acceptance that the decisions made by the courts of foreign countries are final judgment, definitive evidence, and also accepting that these decisions are enforceable. The conditions for the decision of enforcement are regulated in article 54.
The dispute resolved by an arbitrator or arbitrators is called arbitration. The parties can put arbitration clauses in the agreement by agreeing between them. If the parties have made a choice of law in the contract, the arbitrator or arbitral tribunal will apply those rules of law, if there is no choice of law, it will apply the state law with the most closely related relationship.
According to IPPL art.62 / f, the nationality of the arbitral awards is determined in accordance with the procedural law determined by the parties. In case the parties do not determine, it is determined according to the procedural law of the country where the decision was made.
Foreign arbitral awards will not have an impact on Turkish law unless recognition and enforcement decisions are made. In the recognition and enforcement case, the court examines the existence of the conditions contained in the IPPL or New York Convention without going into the merits. The parties can decide between the them in writing, where the foreign arbitral awards will be enforced. If the parties do not agree, IPPL art. 60/2 is applied.
Considering the pre consitions in the New York Convention and IPPL, it should be a foreign arbitrator decision, the decision should be binding and it should be a matter that is suitable for arbitration, that is, the parties can dispose freely on it.
In IPPL art. 62, conditions that the decisions cannot be recognized and enforce, has regulated. The reasons the legislator seeks for the rejection;