International trade law is the area of law governing the trade in goods and services between natural or legal persons located in different countries, cross-border investments, commercial contracts, and disputes arising from these relationships.
In a commercial transaction of an international nature, not only the subject matter and price of the contract but also the applicable law, competent court or arbitration institution, method of payment, delivery terms, transportation, insurance, customs obligations, and how and in which country the decision will be enforced must be considered.
Attorney Yıldız Şahin provides exporters, importers, investors, companies, and entrepreneurs with legal consultancy and legal representation services during the establishment, conduct, and termination of their cross-border commercial relationships. Each transaction is addressed within the framework of the countries in which the parties are located, the subject matter of the contract, payment and delivery terms, applicable national and international regulations, and possible dispute resolution methods.
Our Main Practice Areas Within the Scope of International Trade Law
International contracts for the sale of goods and services
Import and export contracts
International distributorship and dealership agreements
Agency and commercial representation agreements
Franchising and licensing agreements
International supply and manufacturing contracts
Joint venture and cooperation agreements
Confidentiality and non-compete agreements
Technology transfer and software licensing agreements
International transportation and logistics contracts
Disputes arising from transport and cargo insurance
Letters of credit, bank guarantee letters, and international payment methods
Adapting delivery terms and Incoterms rules to contracts
Assessment of the CISG provisions on the international sale of goods
Determination of the applicable law
Drafting jurisdiction and arbitration clauses
International arbitration proceedings
Recognition and enforcement of foreign court decisions
Recognition and enforcement of foreign arbitral awards
Collection of cross-border commercial receivables
Contractual disputes with companies abroad
Legal risk analysis in foreign trade transactions
Legal assessment of procedures arising from customs and foreign trade legislation
Consultancy concerning the commercial activities of foreign companies in Türkiye
Coordination with local legal advisers regarding Turkish companies’ investments abroad
International Commercial Contracts
The fact that the parties to international contracts are subject to different legal systems may create uncertainty as to which country’s law will apply and which authority will have jurisdiction in the event of a dispute. Therefore, it is important to clearly specify in the contract the applicable law and the competent court or place of arbitration.
The subject matter of the contract, delivery and payment terms, currency, taxes, customs obligations, security, contractual penalties, force majeure, adaptation, termination, and dispute resolution provisions must be drafted in a manner appropriate to the characteristics of the transaction.
Attorney Yıldız Şahin provides consultancy services in the preparation of international commercial contracts, review of contracts submitted by the counterparty, conduct of the negotiation process, and identification of potential legal risks.
International Sales and Delivery Transactions
In cross-border sales of goods, the nature and quantity of the product, place of delivery, transfer of risk, responsibility for transportation and insurance, and the party responsible for customs procedures must be clearly regulated.
Merely referring to Incoterms rules by name in the contract may not be sufficient. The selected delivery rule must be appropriate to the specific commercial relationship and assessed together with the transportation, payment, insurance, and ownership provisions.
In transactions to which the United Nations Convention on Contracts for the International Sale of Goods applies, the parties’ obligations, conformity of the goods with the contract, delivery, payment, and the consequences of breach of contract are examined within the framework of the relevant provisions.
Payment and Security Methods
Different payment methods, such as advance payment, cash against goods, payment against documents, and letters of credit, may be used in international trade. It is important that the method selected be appropriate to the relationship of trust between the parties, the transaction volume, and country risks.
Letters of credit, bank guarantee letters, guarantee provisions, and payment documents are legally assessed with regard to the parties’ obligations, presentation requirements, and potential disputes.
Dispute Resolution and International Arbitration
International commercial disputes may be addressed before state courts, through arbitration, or by alternative dispute resolution methods. In determining the appropriate method, the nature of the dispute, the countries in which the parties are located, the need for confidentiality, the duration of the proceedings, and the country in which the decision will be enforced must be taken into account.
Drafting arbitration clauses in a clear and enforceable manner and specifying the place of arbitration, language of arbitration, applicable law, number of arbitrators, and arbitration rules help prevent jurisdictional disputes that may arise in the future.
Recognition and Enforcement of Foreign Decisions
A foreign court or arbitral decision may not be automatically enforceable in Türkiye. For the decision to produce legal effects or be compulsorily enforced in Türkiye, a recognition or enforcement decision may be required, depending on the nature of the matter.
In this context, the legal procedures necessary for the recognition, enforcement, and execution of foreign court and arbitral decisions in Türkiye are carried out; and coordination is maintained with legal advisers in the relevant country for the enforcement abroad of decisions rendered by Turkish courts.
Attorney Yıldız Şahin handles transactions relating to international trade law in accordance with the principles of legal security, commercial predictability, confidentiality, and protection of the parties’ interests. Since every cross-border transaction is unique, the legal course to be followed is determined within the framework of the relevant countries, contractual provisions, international treaties, and current legislation.
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The information on this page is intended for general informational purposes; the legal assessment may vary depending on the circumstances of the specific matter. The contents do not constitute legal advice or a guarantee of outcome.