Effectivity and Validity of Choice of Law, Choice of Court, and Arbitration Agreements Stipulated in Terms and Conditions Under Turkish

While entering into a contract, parties may stipulate in a clause of this contract a special provision envisaging the law applicable to the legal relationship between the parties or the court or arbitral tribunal before which any dispute arising out of, or in relation to, this contract shall be resolved. These stipulations may be envisaged in contractual terms that are qualified as "terms and conditions" or "general conditions". If these stipulations are found in terms and conditions, the issue of whether they will be effective will be examined within the context of Articles 20-25 of the Turkish Code of Obligations. In Turkish law, there are other applicable provisions to the validity of terms and conditions under consumer and commercial law. However, this paper does not address the validity of choice of law, choice of court, and arbitration agreements in consumer contracts. It discusses the issue of the effect of the aforementioned stipulations found in terms and conditions against the provisions set forth in contract law and the question of when the requirements in these provisions would be deemed satisfied.