- Turkish Court of Appeal—enforceability of foreign jurisdiction clauses
- What issues did this case raise?
- What did the Turkish Court of Appeal decide and on what basis? Is this judgment likely to have wider application?
- To what extent is the judgment helpful in clarifying the law in this area? Are there any grey areas or unresolved issues that practitioners should watch out for?
- What are the implications for practitioners? For instance, what will they need to be mindful of when advising in this area? Do you have any best practice tips?
Dispute Resolution analysis: Alison Proctor, senior associate at Holman Fenwick Willan LLP, advises that the judgment will have wider application to non-Turkish entities contracting Turkish counterparties and will likely apply to jurisdiction clauses favouring courts in other jurisdictions, as well as in England.
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