Disputes with Overseas Brokers and Arbitration in Türkiye

In disputes with brokers and platforms based abroad, jurisdiction, the applicable law and arbitration clauses come to the fore. The subject is covered below for information purposes.
⚖️ Jurisdiction and Applicable Law
The contracts of overseas platforms often contain foreign law and arbitration clauses. However, for platforms that have no legal entity and no SPK permissionTR in Türkiye, a foreign licence alone does not confer authority to operate.
In short: The contracts of overseas platforms may contain an arbitration or foreign law clause; however, without SPK permission, no authority to operate arises in Türkiye.
🔍 The Fraud Dimension
Where the dispute involves obtaining a benefit by deceit, the matter may also be assessed as fraudTR; in that case, a criminal complaint in Türkiye also comes into play.
🛡️ From the Victim's Perspective
The records of the contract, transfers and correspondence matter for both a possible arbitration and the criminal complaint process.
❓ Frequently Asked Questions
What happens in a dispute with a broker abroad?
Is an arbitration clause binding?
Is a foreign licence sufficient?
Which evidence matters?
For detailed information and legal support, you can contact Savun Law & Consultancy. Get legal support
The information in this article is provided for general information purposes and may not be up to date with current legislation. Every case is different. Savun Law & Consultancy cannot be held responsible for any loss arising from reliance on this article.
This page is an English adaptation of our Turkish article Yurt Dışı Broker ile Uyuşmazlık ve Tahkim.
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