Agency's authority to represent its principal before court within the framework of international civil procedure law

Agency's authority to represent its principal before court that has emergent to enable the purpose of filing lawsuits before Turkish courts againts the foreign merchants carrying on a business in the Turkish Republic through the agencies, draws attention at first sight since it is not regulated in legislations of foreign states and its idiosyncratic qualifications. In this context, the effects in the perspective of international civil procedure law has been determined through examining the connection between the aforesaid authority vested to agency and the concepts regarding procedural law. As a result of the examinations made regarding commercial law, civil procedure law and human rights law; it was concluded that the proceedings carried out by the agency on behalf of its principal, might give a rise to occur some problems in terms of protection of rights and obligations of the parties. Correspondingly, it has seen that the purpose of which such legal concept serves, could be achieved more accurately by means of an international jurisdiction rule to be determined in accordance with the criteria accepted in international law. In this context, the opinion has been expressed with regard to; granting international jurisdiction to the court of agency's location in respect of the lawsuits againts the principal regarding disputes arising from contracts concluded or mediated by agency on behalf of the principal, and repealing the paragraphs 2 and 3 of the article 105 of the Turkish Commercial Code No. 6102 that regulates the agency's authority to represent its principal before court. Keywords: agency's authority to represent its principal before court, attributing litigation, international jurisdiction, freedom of will