Not always: EU case law can keep the protections of agents and distributors operating in the EU market in force despite the choice of law. We measure the risk through simulation.
The reason a Turkish-law clause is not a clean escape is the “overriding mandatory rule”: EU case law (the Ingmar line) treats the commercial agent’s indemnity as protection that applies to activity within the EU despite a third-country choice of law. So for an EU-based agent or distributor the exposure can survive the clause, and it bites hardest where the dispute lands before an EU court or a tribunal seated in the EU — which is what the risk simulation is really measuring.
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