What is International Commercial Law?
The law that deals with the purchase and sale of goods and services and international contracts between foreign traders or companies located in other countries is called international commercial law.
Scope of International Commercial Law
The scope of international trade law includes companies engaged in international trade, commercial activities of these companies, international commercial agreements and commercial disputes.
In addition, international commercial disputes and the rules to be applied in such cases are also within the scope of international commercial law.
Sources of International Commercial Law
International commercial law is subject to both national and international law legislation as it contains a foreign element. Turkish Commercial Code No: 6102 and International Private and Civil Procedure Law No: 5718 are the leading national legislations in Turkey. The law to be applied for disputes with a foreign element and where the place of arbitration is determined as Turkey is the International Arbitration Code No: 4686.
International contracts which states are party are also among the sources of international commercial law. One of the prominent applications of international trade law is contracts for the international sale of goods. In this regard, the United Nations Convention on Contracts for the International Sale of Goods (CISG) is the main legislation that can be applied to.
International commercial contracts may contain rules related to public law. Regulations and customs laws that determine the standard of commercial products in the field of international commercial law are also included in this scope.
What Does Our Professional Attorneys Do?
Companies dealing with international trade should work with lawyers who are well aware of international trade law and relevant legislation in order to receive legal consultancy support.
The rapid increase in international trade relations has brought along the risks of damage, compensation and penal clauses. International commercial business and transactions are subject to very detailed national and international private law regulations. Many businesses are in a difficult situation due to incomplete transactions in international trade, contractual conditions against them and legal gaps. For this reason, it is important to get consultation from expert lawyers in commercial affairs and transactions in order not to encounter destructive results.
On the other hand, the level of competition in trade is constantly increasing with the effect of globalization. It is only possible to get ahead of the companies you are in the same market by creating legal strategies with the support of expert lawyers. We will be appreciated to enable you to take your company one step further.
Serka Law is one of the leading international trade law firms in Turkey. Our lawyers deal with all kinds of legal transactions with their expertise in the field of International Commercial Law. We have practiced in all the international commercial litigations for over 10 years. Here are some legal services we provide in this field :
- Preparation of comprehensive commercial contracts that comply with the Turkish Commercial Code for commercial relations of individuals or companies.
- Ensuring correct and flawless management in legal terms in processes such as consolidation or transfer of companies and other institutions.
- Legal counseling of companies with foreign capital and established in Turkey
- Legal consultancy for companies with domestic capital and established in Turkey,
- Consultancy services for making internal and external decisions within the framework of basic code,
- Managing the liquidation process in accordance with the law after the company bankruptcy or other similar situations,
- Consultancy service within the framework of procedures and methods regarding corporate logistics operations,
- Management of cases filed in case of bankruptcy of companies,
- Control and management of bankruptcy postponement processes,
- Management of tender proceedings and consultancy in cancellation processes when necessary.
- Providing legal consultancy on all kinds of disputes arising from CISG (International Sales Agreement) and international trade
- Preparation of franchising and distributorship agreements
- Preparation of agency and sole agency contracts
- Providing legal consultancy to exporting companies according to General Agreement on Tariffs and Trade (GATT)
- Providing legal consultancy on foreign capital transfer and investment incentives.
You can contact us to get service from professional attorneys and listen to benefit from our solutions developed for company-based or individual-based commercial cases.
Our Areas of Work in International Commercial Litigation
As a foreigner in Turkey, you can trust Serka Law in all of the following areas related to international commercial litigations:
- Unfair Competition,
- Corporate Liquidations,
- Mergers and Acquisitions,
- Corporate Restructuring Processes for domestic and foreign corporations,
- Share Purchase Agreements,
- Joint-Stock Company,
- Articles of Association,
- Limited Liability Company
- Corporate Governance,
- Shareholders Agreements,
- Incorporation of Company,
- Joint-Venture Agreements,
- Board of Directors Memberships,
- Resolution of General Assemblies,
- Capital Structures.
For more information about the services we provide to companies, you can review this article: https://serkalaw.com/service/company-works-and-operations/
Alternative Solutions for International Commercial Disputes
In dispute cases on import and export transactions to be filed in Turkey, the court board first decides which law will be applied in the case. Since such lawsuits are usually long-term, they can also cause disruption of trade activities for a long time. Therefore, alternative dispute resolution methods are widely recommended for the resolution of disputes. With alternative solutions, the dispute turns into a settlement in a shorter time. Experienced international trade lawyers are also needed during the implementation of alternative solutions.
1- Arbitration: International arbitration is one of the most widely used methods in international commercial disputes. In order for the arbitration institution to be used, the arbitration method must be added to the dispute resolution clause of the contract signed by the parties. Arbitration refers to taking the dispute to arbitration committees to be formed instead of courts. There is no limit to the number of arbitral tribunals. Arbitration is generally accepted as the fastest way to resolve disputes. The main legislation tool used for international arbitration is International Arbitration Code No: 4686. This code is basically based on the UNCITRAL Model Law, which was created in 1985 with the aim of recommending the member states in order to uniformize international commercial arbitration within the United Nations and thus to improve international trade.
For more information about our international arbitration services, you can review this article: https://serkalaw.com/service/international-arbitration/
2- Mediation (Conciliation): In this method, the parties to the dispute apply to the arbitration of a person whose impartiality they agree on. In the arbitration method, the decision of the arbitral tribunal is binding. In the mediation method, the decision of the person chosen as the mediator is not binding, it only helps the parties to come to an agreement. The main legislation tool used in Mediation processes is Law on Mediation in Civil Disputes No 6325. As of January 1, 2019, it has become a mandatory to apply a mediator before filing a lawsuit in commercial disputes.
3- Arbitrator-Expert: This method is used only in the resolution of disputes consisting of specific and technical issues. The decisions of the experts are not binding, however, they are accepted as definitive evidence in the lawsuits to be filed.
International Trade Organizations
There are international organizations established to determine the functioning of international trade. The first of these is the International Chamber of Commerce (ICC). This organization lays down the rules necessary for the resolution of disputes arising from international trade. The United Nations Commission on International Trade (UNCITRAL) is an organization that sets regulatory laws and rules regarding international trade.
UNCITRAL makes its decisions by meeting the legal representatives of the countries. This organization also serves as the legal unit of the United Nations. The World Trade Organization (WTO) acts as both the legal and institutional body of international trade. The World Trade Organization draws the framework for the laws and regulations to be made by the countries engaged in international trade.
As Serka Law Firm, we represent and provide consultancy to our clients at all international trade institutions, especially the International Chamber of Commerce (ICC) and Istanbul Arbitration Center.