ERDEM-NEWSLETTER-2018-metin

282 NEWSLETTER 2018 court that is assumed to be to the detriment of the party that has filed the negative declaratory action, after the filing of the negative declara- tory action, the latter court may accept the negative declaratory action providing the condition of lis pendens . In such a case, the latter court may dismiss the case for lack of jurisdiction, and as a result, the case may not be heard before this court. “Forum Shopping” in Turkish Law In the Turkish doctrine, it is accepted that parties seeking the forum that is most favorable for them ( forum shopping ) is the most natural right of the parties of a dispute, so long as the rule of good faith is not violated 3 . The Supreme Court also ruled that filing a lawsuit before the most favorable forum is a legitimate interest, and commented that “The choice of a court where the benefits of the party are protected in the most appropriate manner, between multiple courts, cannot be con - sidered an unjustifiable and damaging act,” in a decision in 2009 4 . Conclusion The Swiss Federal Court’s decision dated 14 March 2018 made it easier to file a negative declaratory lawsuit before the Swiss courts. As a result of this precedent of the Swiss Federal Court, in the event an international dispute is concerned, the party facing the threat of being sued before a court that is incompatible with its interests, may have its action tried before the Swiss courts by way of filing a negative declaratory action. 3 Nomer, Ergin : Devletler Hususi Hukuku (International Private Law), 21th Edi- tion, İstanbul 2015, p. 489. “Thus, forum shopping is also legal and legitimate under Turkish law as it is in the field of international law”. 4 Decision of the 11th CC of the Supreme Court, 08.04.2009, No. 2008/10582 E. 2009/4282 K.