Enforcing a Foreign Arbitral Award in Türkiye: the New York Convention
You won your arbitration abroad, and now you need that award to count in Türkiye (Turkey) — against a Turkish company, its bank accounts, or its property. A foreign arbitral award is not automatically enforceable here; a Turkish court must first grant enforcement (tenfizTenfizEnforcement of a foreign judgment in TürkiyeThe Turkish court decision that makes a foreign judgment enforceable in Türkiye — the step that lets you actually collect.Glossary →), the order that turns the award into something you can execute in Türkiye. The reassuring part is that Türkiye is a party to the 1958 New York Convention, the treaty that governs this, and its grounds for refusing an award are narrower than those for a foreign court judgment. This guide walks through the route, the competent court, the documents, and the limited grounds on which the other side can push back.
Does a foreign arbitral award count automatically in Türkiye?
No. A foreign arbitral award — a decision handed down by an arbitral tribunal seated outside Türkiye — does not become enforceable here on its own. Before you can reach a Turkish debtor's assets, a Turkish court has to grant enforcement (tenfiz): the order that recognises the award and makes it executable in Türkiye like a local court decision.
Awards travel on a different track from court judgments. A foreign court judgment is recognised or enforced under MÖHUKMÖHUKTurkish Private International Law Act No. 5718The Turkish statute that decides which country's law applies to a cross-border matter, and how foreign judgments are recognised and enforced here.Glossary → (the Private International Law and Procedure Act, Law No. 5718), articles 50 to 59. A foreign arbitral award is enforced primarily under the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, to which Türkiye is a party, together with MÖHUK articles 60 to 63. Applying the judgment rules to an award starts you on the wrong footing — for the judgment route, see our guide to enforcing a foreign court judgment (tenfiz).
Which of these is your situation?
Why is enforcing an award often simpler than enforcing a court judgment?
Because the New York Convention was built to make awards move across borders. Three features work in your favour compared with a foreign court judgment:
- Narrower refusal grounds. A Turkish court can refuse enforcement only on the closed list in Article V of the Convention, mirrored in MÖHUK article 62. It does not re-hear the dispute or second-guess how the tribunal weighed the evidence.
- Reciprocity is usually not the sticking point. For a foreign court judgment, reciprocity with the country of origin is a hard condition (MÖHUK article 54). For awards under the Convention, reciprocity is generally not the obstacle it is for judgments.
- No review of the merits. As with a court judgment, the Turkish court does not re-try the case. Its job is to check the Convention conditions, not to decide who was right.
| Foreign court judgment | Foreign arbitral award | |
|---|---|---|
| Main legal basis | MÖHUK arts 50–59 | 1958 New York Convention + MÖHUK 60–63 |
| Reciprocity required? | Yes, to enforce (MÖHUK 54) | Generally not the obstacle it is for judgments |
| Refusal grounds | Broader (reciprocity, exclusive jurisdiction, public policy, due process) | Narrow, closed list (NY Convention Art. V / MÖHUK 62) |
| Re-trial of the merits | No | No |
On what grounds can a Turkish court refuse to enforce a foreign award?
Only on the closed list set out in Article V of the New York Convention, which MÖHUK article 62 mirrors. Most of these grounds must be raised and proved by the party resisting enforcement; a court may also consider non-arbitrability and public policy on its own. Here is what each ground means in plain terms.
| Refusal ground (NY Convention Art. V / MÖHUK 62) | What it means in plain terms |
|---|---|
| Invalid arbitration agreement or incapacity | There was no valid agreement to arbitrate, or a party lacked the capacity to enter it. |
| Improper notice or no chance to be heard | The losing party was not properly told of the proceedings or could not present its case. |
| Award exceeds the submission | The tribunal decided matters that were never referred to arbitration. |
| Irregular tribunal or procedure | The tribunal's composition or the procedure did not follow the parties' agreement or the law of the seat. |
| Not binding, or set aside at the seat | The award is not yet binding, or a court at the seat of arbitration has set it aside or suspended it. |
| Subject-matter not arbitrable | Under Turkish law, the dispute is not one that can be settled by arbitration. |
| Contrary to public policy (kamu düzeni) | Enforcing the award would violate Turkish public policy — MÖHUK 62/1-b. |
Which Turkish court hears the case, and where do you file?
You file an enforcement action at a Turkish civil court of first instance (asliye hukuk mahkemesiAsliye hukuk mahkemesiCivil court of first instanceThe general civil court that hears most disputes not assigned to a specialised court.Glossary →). Under MÖHUK articles 60–61, the competent court is, in order: the court the parties agreed on; failing that, the court at the Turkish domicile or residence of the party against whom enforcement is sought; and failing that, the court where the assets that could satisfy the award are located.
What documents do you need to enforce a foreign award?
At the core, two documents: the arbitral award itself and the arbitration agreement — the clause or separate agreement that sent the dispute to arbitration. Around those, Türkiye expects the paperwork to be formally in order:
- Finality. The award should be final and binding (kesinleşmiş), so that it is no longer open to ordinary challenge.
- ApostilleApostilApostilleA certificate added to a public document in its own country so that it is accepted as genuine in Türkiye, without consular legalisation.Glossary → or consular legalisation. Documents from a country in the 1961 Hague Apostille Convention carry an apostille; otherwise they are legalised through the consulate.
- Sworn Turkish translation. The award and the arbitration agreement must be translated into Turkish by a sworn translator.
- Power of attorney (vekâletname). A power of attorney lets a lawyer admitted to a Turkish bar run the whole case for you, so you do not have to travel to Türkiye.
An international arbitration award is enforceable everywhere, so it already bites on my Turkish debtor.
It does not. A foreign arbitral award does not become enforceable in Türkiye on its own. A Turkish court must first grant enforcement (tenfiz) under the 1958 New York Convention and MÖHUK articles 60–63, and until that order exists the award cannot be executed against Turkish assets.
Türkiye has no enforcement treaty with my country, so the award will be blocked.
Reciprocity is a hard condition for enforcing a foreign court judgment (MÖHUK article 54). For arbitral awards under the New York Convention, to which Türkiye is a party, reciprocity is generally not the obstacle it is for judgments. That is one reason awards are often simpler to enforce than judgments.
The Turkish court will look at the dispute again and might decide it differently.
It will not re-hear the merits or second-guess how the tribunal weighed the evidence. It checks the closed list of refusal grounds in Article V of the Convention, mirrored in MÖHUK article 62. Public policy (kamu düzeni) is read narrowly — an unfavourable outcome, or a result a Turkish court might have reached differently, is not by itself a public-policy violation.
The other side is trying to cancel the award, so that fight will happen inside my Turkish enforcement case.
Usually not, and usually not in Türkiye. Enforcement (tenfiz) is what the winner seeks here; setting aside is what the loser seeks, and it is generally sought at the seat of arbitration under the law of that country. Where the award was made abroad, annulment belongs to the courts of that foreign seat — though a set-aside or suspension already ordered there is one of the Convention grounds a Turkish court can rely on to refuse enforcement.
How is enforcing an award different from setting it aside?
They pull in opposite directions. Enforcement (tenfiz) is what the winner seeks — an order making the award executable in Türkiye. Setting aside, or annulment, is what the loser seeks — an attempt to have the award cancelled. An application to set an award aside is generally made at the seat of arbitration, under the law of the country where the award was made, not in the Turkish enforcement court.
The two still touch. If a court at the seat has already set the award aside or suspended it, that is one of the Convention refusal grounds a Turkish court can rely on to decline enforcement. Where the award was made abroad, set-aside belongs to the courts of that foreign seat; where the award was made in Türkiye, Turkish law provides its own set-aside route under Turkish arbitration law.
Is this the same as enforcing a Türkiye-seated award?
No. The New York Convention route covers foreign awards — those made at a seat outside Türkiye. An award made in Türkiye is a domestic award and follows Turkish arbitration law, not the Convention's enforcement mechanism. Deciding where your arbitration is seated is therefore one of the most consequential choices in the contract, because it decides which regime governs both challenge and enforcement.
For award-holders coming from the United States, our US Desk sets out how enforcement works in Türkiye. If you are still at the contract stage, getting the seat and the arbitration clause right in advance is far easier than untangling them once a dispute has started.
What does the process look like, and how long does it take?
An enforcement action is a court case, but a focused one. You file with the award, the arbitration agreement, and the supporting documents; the court checks the Convention conditions rather than re-trying the dispute; and if the conditions are met, it grants enforcement.
- Security for costs (yabancılık teminatı). As a foreign claimant, you may be required to post security for costs under the Code of Civil Procedure (HMK), article 84, unless a treaty or reciprocity exemption applies.
- Timeline (estimate only). An uncontested case commonly runs about 6–10 months at first instance; a contested one can take roughly 12–24 months. These are estimates, not promises — the facts, the defences raised, and any appeals all move the timeline.
- Execution against assets. Once enforcement is granted, the award is collected through the enforcement offices under the Enforcement and Bankruptcy Act (İİK, Law No. 2004), attaching bank accounts, real estate, or receivables in Türkiye.
A Türkiye-bar lawyer can run the entire matter under a power of attorney, without you travelling. To start, see our recognition and enforcement service and arbitration and dispute resolution, or tell us about your award.
This article is general information about Turkish law and is not legal advice; for advice on your specific situation, consult a qualified lawyer.
The Turkish statutory side of award enforcement, alongside the 1958 New York Convention: articles 60–61 set the competent court and article 62 mirrors the Convention's Article V refusal grounds, including public policy at 62/1-b. Court judgments sit separately at articles 50–59.
Once enforcement is granted, the award is collected through the enforcement offices, attaching bank accounts, real estate or receivables in Türkiye.
What to gather before you speak to a lawyer
An enforcement action turns on the documents being formally in order. Collect these first.
Frequently asked questions
Is a foreign arbitral award automatically enforceable in Türkiye?
No. You need a Turkish court to grant enforcement (tenfiz) under the New York Convention and MÖHUK articles 60–63. Until that order is granted, the award cannot be executed against Turkish assets.
Does reciprocity block enforcement of a foreign award, as it can for a court judgment?
Generally not. Reciprocity is a hard condition for enforcing a foreign court judgment under MÖHUK article 54, but under the New York Convention it is generally not the obstacle it is for judgments. This is one of the main reasons awards are often easier to enforce than judgments.
On what grounds can enforcement of a foreign award be refused?
Only on the closed list in Article V of the New York Convention, mirrored in MÖHUK article 62. Examples include an invalid arbitration agreement, lack of proper notice, an award that exceeds what was referred to arbitration, an irregular tribunal, the award being set aside at the seat, a non-arbitrable subject, or a conflict with public policy (kamu düzeni).
Which Turkish court do I file in?
An asliye (civil court of first instance). Under MÖHUK articles 60–61, the competent court is the one the parties agreed on; failing that, the court at the debtor's Turkish domicile or residence; and failing that, the court where the enforceable assets are located.
Do I have to travel to Türkiye for the case?
No. A power of attorney (vekâletnameVekâletnamePower of attorneyThe notarised document that authorises a Turkish lawyer to act for you — the reason most matters can be handled without you travelling.Glossary →) lets a Türkiye-bar lawyer run the whole matter for you. As a foreign claimant, you may need to post security for costs (yabancılık teminatı) under HMKHMKCode of Civil Procedure No. 6100The rulebook for how a civil case actually runs in Türkiye — which court, which steps, which deadlines, and what evidence counts.Glossary → article 84 unless a treaty or reciprocity exemption applies.
How long does enforcing a foreign award take?
As an estimate only, an uncontested action often runs about 6–10 months at first instance, and a contested one roughly 12–24 months. Timelines depend on the facts, the defences raised, and any appeals, so no fixed date can be promised.
