International trade law is the area of law that regulates 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 legal consultancy and attorney services to exporters, importers, investors, companies, and entrepreneurs 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 Areas of Practice 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 production agreements
Joint venture and cooperation agreements
Confidentiality and non-compete agreements
Technology transfer and software licensing agreements
International transportation and logistics agreements
Disputes arising from transportation and cargo insurance
Letters of credit, bank guarantee letters, and international payment methods
Adapting delivery terms and Incoterms rules to contracts
Assessment of the provisions of the CISG concerning 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 processes arising from customs and foreign trade legislation
Consultancy regarding the commercial activities of foreign companies in Türkiye
Coordination with local legal advisors in the overseas investments of Turkish companies
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 in the event of a dispute and which authority will have jurisdiction. Therefore, it is important to clearly specify in the contract the applicable law, the competent court, or the seat of arbitration.
The subject matter of the contract, delivery and payment terms, currency, taxes, customs obligations, guarantees, penalty clauses, force majeure, adjustment, termination, and dispute resolution provisions should be regulated in a manner appropriate to the characteristics of the transaction.
Attorney Yıldız Şahin provides consultancy services regarding the preparation of international commercial contracts, review of contracts submitted by the counterparty, conduct of the negotiation process, and identification of possible legal risks.
International Sales and Delivery Transactions
In cross-border sales of goods, the nature and quantity of the product, place of delivery, passage of risk, responsibility for transportation and insurance, and which party is responsible for customs procedures should be clearly regulated.
Merely specifying the Incoterms rules by name in the contract may not be sufficient. The selected delivery rule must be suitable for the specific commercial relationship and must be evaluated 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 may apply, the parties' obligations, conformity of the goods to the contract, delivery, payment, and the consequences of breach of contract are examined within the framework of the relevant provisions.
Payment and Security Methods
In international trade, different payment methods such as advance payment, cash against documents, documents against payment, and letters of credit may be used. 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 evaluated with regard to the parties' obligations, presentation conditions, and possible 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 should be taken into account.
Preparing arbitration clauses in a clear and enforceable manner and determining the seat 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 subject to compulsory enforcement in Türkiye, it may be necessary to obtain a recognition or enforcement decision, depending on the nature of the matter.
Within this scope, the necessary legal procedures for the recognition, enforcement, and execution in Türkiye of foreign court decisions and arbitral awards are carried out; and, in the implementation abroad of decisions rendered by Turkish courts, coordination is provided with legal advisors in the relevant country.
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 each cross-border transaction is unique, the legal course to be followed is determined within the framework of the relevant countries, contractual provisions, international agreements, and current legislation.
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The information on this website is for general informational purposes. Legal assessment may vary according to the circumstances of each matter. The content does not constitute legal advice or a guarantee of outcome.