International Trade Lawyer

With its port, its free zone and its high volume of exports and imports, Mersin is one of Türkiye’s cities most open to international trade. As an international trade lawyer in Mersin, I provide legal support to importing and exporting companies in their contracts with foreign buyers and sellers, in payment and letter of credit disputes, in customs matters, in carriage and freight problems, and in cases involving a foreign element. In cross-border transactions, the options available once a dispute has arisen are limited; for this reason, a legal framework set up correctly at the contract stage is the most effective protection.

What Does an International Trade Lawyer Help With?

• Drafting and negotiating international sale, supply and distribution agreements
• Reflecting delivery terms (Incoterms) and the transfer of risk correctly in the contract
• Disputes arising from letters of credit, documents against payment and advance payment methods
• Customs duties, customs administrative fines and customs disputes
• Damage, delay and freight disputes in sea, road and container transport
• Collecting receivables from foreign companies
• International arbitration and the recognition and enforcement of foreign arbitral awards
• Recognition and enforcement of foreign court judgments in Türkiye
• Contract and regulatory processes for companies operating in the free zone

International Sale Contracts and the CISG

Türkiye is a party to the United Nations Convention on Contracts for the International Sale of Goods (CISG, the Vienna Sales Convention). In sales of goods between companies in different countries, the Convention may apply unless the parties agree otherwise. The CISG may contain rules that differ from Turkish law on the conformity of goods, deadlines for notifying defects, breach of contract and damages.

An international sale contract should clearly regulate at least the following:

• Description of the goods, quality standards and inspection procedure
• Delivery term (Incoterms 2020) and the moment risk passes
• Payment method, currency and exchange rate risk
• Remedies for delay and defects, penalty clauses and limits of liability
• Force majeure events
• Governing law and the forum for resolving disputes (court or arbitration)

Incoterms and the Transfer of Risk

Delivery terms such as FOB, CIF, CFR, EXW and DAP determine at which point the goods are deemed delivered, who bears the costs of carriage and insurance, and when the risk of damage passes to the buyer. For shipments from the Port of Mersin, for example, the difference between FOB and CIF terms directly affects who bears the loss if the goods are damaged in transit. The contract should also state which version of Incoterms it refers to.

Letters of Credit and Payment Disputes

In payments by letter of credit (akreditif), the bank pays only when documents complying with the terms of the credit are presented; it examines the documents, not the goods themselves. A small discrepancy in the bill of lading, invoice, certificate of origin or insurance policy can lead to payment being refused. For this reason, whether the terms of the letter of credit are consistent with the contract should be reviewed before the credit is opened. For documents against payment and cash against goods, the remedies available if the buyer does not pay and the collection risk are assessed separately.

Customs Disputes

In import and export transactions, additional tax assessments and customs administrative fines may be imposed on matters such as customs value, tariff classification, origin and inward processing. As a rule, objections to customs decisions are made to the relevant customs administration within fifteen days of service; if the objection is rejected, a lawsuit can be filed in the tax court. Because the time limits are short, an assessment should be made as soon as the tax assessment or penalty decision is served.

Carriage, Freight and Port Disputes

In carriage by sea, the bill of lading, the contract of carriage and the carrier’s liability apply; in carriage by road, the CMR Convention on the international carriage of goods by road may apply. In disputes such as damage to or loss of cargo, late delivery, demurrage and storage charges, the limits of liability and notice periods are short. For matters concerning port operators and logistics companies, see the ports and maritime and transport and logistics sector pages.

International Arbitration and Enforcement of Foreign Decisions

In international commercial contracts, arbitration is often chosen for resolving disputes. Institutions such as the Istanbul Arbitration Centre (ISTAC) or the International Chamber of Commerce (ICC), or ad hoc arbitration, can be chosen. Thanks to the New York Convention, to which Türkiye is a party, foreign arbitral awards can be enforced in Türkiye, and Turkish arbitral awards can be enforced in many countries.

For a foreign court judgment to be enforced in Türkiye, an enforcement action (tenfiz davası) is filed in the civil court of first instance (asliye hukuk mahkemesi). The court examines whether the judgment is final, whether there is reciprocity, whether it is contrary to public order and whether the right of defence was respected. For personal disputes involving a foreign element, see the immigration and citizenship law page.

Collecting Receivables from Foreign Companies

If a foreign buyer does not pay, the route to follow is determined by the jurisdiction and arbitration clause in the contract, the country in which the debtor has assets and that country’s relationship with Türkiye. If the debtor has assets in Türkiye, a precautionary attachment (ihtiyati haciz) and enforcement proceedings may come into play. If proceedings are needed abroad, coordination with local lawyers and enforcement of the Turkish judgment in that country are planned.

International Commercial Disputes in Mersin

In disputes arising from commercial activities conducted through the Port of Mersin and the Mersin Free Zone, the Mersin commercial courts of first instance (asliye ticaret mahkemesi) may have jurisdiction unless the contract specifies another forum. In customs disputes the customs administrations and tax courts in Mersin are involved, and in debt collection the Mersin enforcement offices. In commercial cases, applying to a mediator before filing a lawsuit is mandatory for claims for payment of money. In matters involving companies abroad, meetings can be held online. For commercial contracts and distribution relationships, see the commercial law page.

Frequently Asked Questions

Get an Assessment of Your International Commercial Transactions

To have a contract with a foreign buyer or seller, the terms of a letter of credit or an existing dispute assessed, you can reach me through the contact page.