Critique of the Application of Articles 17–18 of the Turkish Code of Civil Procedure to International Jurisdiction Agreements Conferring Jurisdiction on Turkish Courts

Development summary

Published in the Akdeniz University Faculty of Law Review, this article by Can Yöney addresses the application of Articles 17 and 18 of the Turkish Code of Civil Procedure to international jurisdiction agreements conferring jurisdiction on Turkish courts. The author argues that, in relations involving a foreign element, three features of those provisions create difficulties: the requirement that the parties be merchants or public legal entities, the requirement to specify the designated court or courts, and the inability to take account of the exclusive jurisdiction of foreign courts. The article examines the resulting problems and offers proposed solutions, concluding that applying Articles 17 and 18 in this setting is not the proper approach.