International Commercial Law is the area of law and legal practice concerning goods and services and international trade agreements.
As a result of economic globalization and ever increasing import and export activities, international trade law has become more and more relevant is now one of the major focussing points of law practice.
Many regulations exist in which international commercial law is subject to public and private law. Commercial disputes, safeguards and taxes are a few of many major issues that can be highlighted in public law. Additionally, international sales, international trade law contracts, delivery methods, dispute resolutions and payment methods are the main subjects of international trade law, which is subject to private law.
LEGAL DEVELOPMENT, LEGISLATION AND ITS CONTENT
Based on the historical development and importance of international trade law, the United Nations Commission on International Trade Law was established in 17.12.1966 as a sub-body of the UN General Assembly. The aim of the Commission is to harmonize international trade law in many areas and to ensure uniformity. One of the prominent applications of international trade law is the contracts related to the sale of international goods. In this respect, the United Nations Convention on Contracts for the International Sale of Goods (CISG) is the basic legislation applicable to the subject.
Article 1 – Application area
Article 14 – Establishment of the Contract
International trade contract law includes the risk distribution of the parties in international trade transactions. The terms (INCOTERMS), often referred to by three letters, issued by the International Chamber of Commerce (ICC), refers to the obligations undertaken by the buyer and seller for the performance of the contract. The terms used to sell the most commonly used goods are FOB, CIF, MOROCCO, EXW.
RESOLUTIONS OF INTERNATIONAL COMMERCIAL DISPUTES
In international trade law, it is important that contracts are prepared meticulously and in a such way that they meet the needs of all parties involved.
However, as a result of mutual relations, the contract may be or may in time become inadequate for meeting the requirements of the parties. In these cases, alternative remedies for international commercial disputes may be used by the parties. The most widely used alternative solution of disputes is the International Arbitration Institution.
Arbitration is a way of settling disputes by one or more arbitral tribunals competent in the field other than national courts, at the discretion of the parties and subject to a written agreement. The major factor in the choice of arbitration by the parties involved is that the arbitration can be recognized and enforced in all parties subject to the contract by the 1958 New York Convention, which is faster, and often also more reliable than the local court proceedings.
The main services relating to international trade law that our office provides are:
1-Preparation, arrangement and interpretation of the commercial contracts between Turkish and international companies.
2-Provide non-Dutch- and Turkish/foreign companies with legal support for commercial businesses and create legal ground to be made in Turkey or in The Netherlands.
3- Provide legal advice, consultancy and analysis of foreign legislation of Turkish and Dutch companies in legal transactions such as establishing companies in foreign countries, doing business
4-Franchising, preparation of distributorship agreements
Resolving this dispute when disputes arise in agreements with foreign elements
5-Legal advice on taxation in international investments and legal support in investments
6-Problems arising from CISG (International Sales Contract) and creation of these contracts
7-Collection of international receivables and provision of receivables through enforcement channels
8-Providing settlement of disputes by using international arbitration.
9-Giving legal support on issues related to prohibition of competition and trademark-patent disputes between international companies