Agreements of authority in international procedural law

In the context of international procedural law, the parties are granted the freedom to designate a court as the forum for resolving private law disputes containing a foreign element. In accordance with this freedom, the parties may determine the competent court for disputes arising or that may arise from their legal relationship through jurisdiction agreements they enter into. Concerning disputes containing a foreign element, the parties may designate a foreign state court as the competent court, or they may choose a Turkish court as the competent court. In the event that the parties authorize Turkish courts, the jurisdiction agreement concluded will be subject to the provisions of Articles 17 and 18 of the Code of Civil Procedure, in line with the legal regulations in Turkish law. However, if the parties express their intent to authorize a foreign state court, the provision of Article 47 of the International Private and Procedural Law will become operative. In the first section of our study, the concept of international jurisdiction and the rules of international jurisdiction will be addressed generally, followed by a discussion of the various characteristics of jurisdiction agreements. The second section will cover the necessary aspects of a jurisdiction agreement when a foreign court is authorized. The third and final section of our study will discuss the legal requirements for establishing a valid jurisdiction agreement that authorizes Turkish courts in disputes involving a foreign element.