International trade is all business activities of both real and legal persons in different countries between each other.International trade is subject to the laws of the states, as well as the legislation of economic s such as the EU and international law.
In case of disagreement, a lawsuit may be filed in the country of connection of one of the parties or it is possible for the parties to agree on this issue between them. It is possible for the parties to choose one of the two countries or even authorize a third country jurisdiction.
The law to be applied in Turkish Law is the Law on International Private Law and Procedural Law No. 5718. According to the law, the law to be applied in transactions and relations regarding private law that has a foreign element, the international authority of Turkish courts, recognition and enforcement of foreign decisions are regulated by this Law No. 5718.
In disputes between the parties, it should be determined which law will be applied first. However, if the provisions of the competent foreign law applicable to a particular case are clearly contrary to Turkish public order, those provisions will not be applied. When deemed necessary, Turkish Law will be applied.
The parties can choose the law to be applied to all or part of the contract between them in accordance with article 24 of the International Private Law and Procedural Law No. 5718.
ARTICLE 24 - (1) Conventional obligation are subject to the law explicitly chosen by the parties.The choice of law, which can be understood without hesitation from the terms of the contract or the conditions of the situation, is also valid.
(2) The parties may decide that the chosen law will be applied to all or part of the contract.(3) Choice of law can always be made or changed by the parties.The choice of law after the conclusion of the contract is valid retroactively, without prejudice to the rights of third parties.
(4) If the parties have not made a choice of law, the law most closely related to that contract shall be applied to the relationship arising from the contract.This law is considered as the characteristic act debtor's habitual residence law during the establishment of the contract, the workplace of the characteristic deed debtor in the contracts established in accordance with the commercial or professional activities, the law of the place of residence if there is no more than one workplace of the characteristic act debtor, the workplace law that is in the tightest relationship with the contract in question. However, if there is a law more closely related to the contract according to all the conditions of the case, the contract becomes subject to this law.
The enforcement of decisions given by the courts of foreign countries regarding legal disputes, such as the execution of decision issued in Turkey is possible.
There are also a number of international conventions binding states on the law to be applied in case of dispute.The United nations convention on contracts for the international sale of goods signed in Vienna will be applied to the contracts on the sale of goods between the parties whose workplaces are in different states, if these states are from the contracting states or the international private law rules refer to the law of a contracting state.Convention will not be applied in cases of purchase of goods for personal or family needs or household needs, sales through auctions, sales made by force or other laws, securities, bills of exchange and money, ship, boat, air cushion vehicle or aircraft, electricity sales.
United nations convention on contracts for the international sale of goods contains the provision that establishment of the agreements between the parties are, proven or form are not subject to in any way.According to the contract, proof is possible by any method including witnesses.
ALTERNATIVE SOLUTIONS IN INTERNATIONAL TRADE LAW
Arbitration:To settle disputes by arbitration, the parties may decide to add an arbitration clause at the establishment stage of the contract or to conclude a contract.Arbitration allows the dispute to be resolved quickly, therefore it is the most preferred alternative dispute resolution method.
negotiation:It is an optional procedure, very similar to arbitration and with legal implications, but less subject to procedural committees.
MEDIATION:It is the resolution of disputes arising between the parties with the help of an impartial third party.
REFEREE-EXPERT:The road used to solve the technical problem in a certain and limited part of the dispute constitutes conclusive evidence in the cases.
