Preparation of International Conventions

Contracts established by mutual declarations of will of the parties in accordance with each other, that is, by necessity and acceptance, become an international contract if they have an international element. The international element may arise in the debt relationship in which the dispute arises, if one or both of the parties are foreigners or if the place where the contract is made or the place of execution or the subject of the contract is born in a foreign country or the law applicable to the debt relationship is a foreign law. According to new opinions and practices in this field, contracts that do not have an element of foreignness in terms of their personal or geographical elements or that do not have contact with more than one legal system are also international in nature to the extent that they concern international trade or investment. Ultimately, whether each contract has an international character or not will be evaluated separately and objectively by the judge according to the criteria of person, place and time. The judge shall act in accordance with the rules of state law (lex fori), of which they are a member, in determining the foreign contact.

The choice of law in international contracts should be clearly regulated in a way that does not allow interpretation and hesitation. When making a choice of law, a compatibility must be ensured between the provisions of the contract and the law chosen to apply to the contract. Contracts other than those stipulated by the law to be made in a special form or official form are not subject to any form requirement. However, the main elements of the contract should be regulated in detail. Because the preparation of international conventions in writing and in detail will also minimize the problems of conflict of laws. Because resorting to national legal systems in matters not regulated in the contract will cause a real conflict of laws in cases where the material legal systems to be taken as a basis in the solution of the dispute issue have different regulations. In this respect, the name of the contract is very important, because in case of a dispute, those provisions will be applied. If it cannot be determined, “protocol” should be written.

During the regulation of international contracts, the parties must mutually use the articles in a common sense in the language in which the contract is written. Otherwise, a conflict of language and interpretation will arise.Therefore, in the beginning part of the contract, the parties should list what the terms used in the contract mean in the contract article. ,

The competent authority for the resolution of disputes that may arise in international contracts can also be determined by the parties. The contracting parties may authorize a state court by including a jurisdiction agreement, or they may conclude an arbitration agreement.