Private International Law

Private international law covers the determination of the applicable law and competent court in private law relationships with elements involving different countries, and the recognition and enforcement of foreign court and arbitral awards. With the growth of international trade and investment, cross-border disputes have become both more prevalent and more complex. Emir Law & Consulting provides services of international standard in arbitration and court representation in cross-border commercial disputes, enforcement strategy and conflict of laws advisory.

PILA: Conflict of Laws and Applicable Law

The Act on Private International and Procedural Law No. 5718 (PILA/MÖHUK) regulates the applicable law in private law relationships involving a foreign element and the rules on international jurisdiction of Turkish courts. Where no governing law clause exists in contracts, PILA's connecting rules come into play; this may result in the application of foreign law or an unexpected assumption of jurisdiction. Careful determination of the applicable law and competent judicial authority at the contract drafting stage significantly reduces future risks.

International Commercial Arbitration: ISTAC, ICC and Ad Hoc

For international commercial disputes, arbitration offers significant advantages over court litigation in terms of confidentiality, expert arbitrators, relatively expeditious proceedings and international enforceability of awards. We provide party representation in Istanbul Arbitration Centre (ISTAC), ICC International Court of Arbitration, LCIA and ad hoc arbitration (UNCITRAL Rules) proceedings. We manage the entire process from case initiation or defence through the evidentiary phase, hearing, award and enforcement. We also provide strategic advice on arbitration clause design for new contracts, arbitrator selection and seat/language of arbitration.

Enforcement Strategy under the New York Convention

The 1958 New York Convention — to which over 170 states, including Türkiye, are party — is the principal international instrument governing the recognition and enforcement of foreign arbitral awards. Enforcement of foreign arbitral awards in Türkiye requires application to Turkish courts; grounds for objecting to enforcement (public policy, procedural irregularity, lack of arbitrator jurisdiction, etc.) are limited. We conduct enforcement applications in both claimant and respondent capacities. We also provide support on the recognition and enforcement of foreign court judgments (PILA Articles 50–59).

Recognition and Enforcement of Foreign Court Judgments

For a foreign court judgment to produce legal effect in Türkiye, a recognition (exequatur) action must be filed. Conditions for enforcement under PILA include the reciprocity principle, absence of contravention of public policy and that the parties were duly represented in the proceedings. We have experience in the enforcement in Türkiye of foreign judgments relating to family law (divorce, custody, maintenance), commercial matters and criminal damages.

International Trade: CISG and Incoterms

In international sale of goods contracts, the automatic applicability of CISG has significant implications for the rights and obligations of buyers and sellers. Incorrect selection of Incoterms delivery terms or application contrary to the contract can lead to serious disputes. We also advise on dispute analysis under CISG, design of export/import contracts and letter of credit disputes.

Our Services

• Conflict of laws analysis and determination of applicable law under PILA
• Governing law, jurisdiction and dispute resolution clause design in contracts
• Party representation in ISTAC, ICC, LCIA and ad hoc arbitration proceedings
• Arbitration clause design, arbitrator selection and seat/language of arbitration advisory
• Enforcement of foreign arbitral awards under the New York Convention
• Recognition and enforcement of foreign court judgments (exequatur)
• Defence against enforcement objections (public policy, procedural irregularity, jurisdiction challenges)
• International sale of goods disputes under CISG
• Advisory on Incoterms and letter of credit disputes
• Intra-group contract and dispute management for multinational companies

Why Emir Law?

In cross-border disputes, the correct choice of law and competent forum determines the case from the outset. Our team, with its international experience evaluating Turkish and foreign law in conjunction, provides our clients with both strategic advice and effective court and arbitration representation.