In matters connected with more than one national legal system, we assess the applicable law, jurisdiction and the effect of judgments together.
Cross-border relationships
Structuring of contracts and legal relationships with a foreign element.
Conflict of laws
Questions of applicable law and international jurisdiction.
Recognition and enforcement
Enforcement in Türkiye of foreign court and arbitral awards.
When a foreign element enters a dispute, what the parties first argue about is usually not the merits but which country's courts have jurisdiction and which country's law applies. Until those two questions are answered, no assessment of the merits stands on firm ground.
Jurisdiction and applicable law are separate questions
A jurisdiction clause in a contract does not by itself determine the applicable law; the two are agreed independently, and in certain matters the parties' choice is limited. Where the case is heard also affects how evidence is gathered and in which country the judgment will take effect.
Giving effect to a foreign judgment in Türkiye
Enforcing a foreign court judgment or arbitral award in Türkiye depends on proceedings separate from the decision itself. At that stage the merits are not re-examined; what is assessed is whether the right of defence was afforded, whether the decision has become final, and whether it offends public policy. Proceedings abroad should therefore be conducted with enforcement in Türkiye in mind.
The principal matters we handle in this field:
- Recognition and enforcement of foreign court judgments and arbitral awards
- Assessment of contracts with a foreign element
- Drafting of jurisdiction and applicable law clauses
- Compensation claims of foreign nationals involved in accidents in Türkiye
- Legal advice to foreign investors and companies
Because the firm works in advanced English and Russian, correspondence with foreign parties and their counsel is conducted directly.