THE APPLICABLE LAW IN THE ELECTRONIC COMMERCE

The issue of applicable law in electronic commerce is still a controversial issue in many aspects. This article aims to highlight some of the most important aspects of this issue and provide solutions according to Turkish Law, such as when and according to which criteria electronic transactions are considered commercial, whether the parties are entitled to choose the law applicable to their online disputes, which law shall apply to their contract in case they fail to choose a law, which law applies to torts committed on internet and on which grounds arbitral awards are enforced in Turkey. The author concludes that Turkey is a country where the principle of party autonomy is fully enjoyed and Turkish Law leaves no room to legal gaps on the determination of the law applicable to electronic transactions.

The following questions have been addressed in this article:

Which issues are considered as commercial in Turkish Law?
Are the parties entitled to choose the law applicable to their contract?
Which law will apply if the parties fail to determine the applicable law?
Which law applies in torts committed on the Internet?
On which grounds are arbitral awards recognized and enforced in Turkey?

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