Who this page is for
This page is for foreign businesses with a Turkish dimension to a dispute. You may be:
- A company with a contract dispute against a Turkish counterparty — unpaid invoices, breached supply or distribution terms, a failed joint venture;
- A party that already holds a foreign court judgment or arbitral award and needs to enforce it against assets in Türkiye;
- A business defending a claim or arbitration brought in or connected to Türkiye;
- A party negotiating a contract that needs the right arbitration or jurisdiction clause before signing.
Get the strategy right early — the choice between arbitration and court, where to seek interim protection, and how an award will be enforced — and the rest follows.
The Turkish legal framework for disputes
Several regimes interlock, and using the right one is half the battle:
Türkiye is a pro-arbitration jurisdiction with a modern law and an established institution (ISTAC, the Istanbul Arbitration Centre), alongside familiar international bodies such as the ICC. Which framework governs your dispute changes the procedure, the timetable and the enforcement route.
International and domestic commercial arbitration
Arbitration is often the best forum for cross-border commercial disputes: a neutral tribunal, confidentiality, and an award that is enforceable in over 170 countries under the New York Convention. We act in ISTAC and ICC arbitrations and in domestic arbitrations under the Civil Procedure Code — drafting the clause, running the case, and dealing with the seat and applicable-law questions that decide so much. The arbitration clause itself is best fixed when the deal is done, alongside the rest of your contract terms — including the arbitration or jurisdiction clause.
Mandatory commercial mediation before litigation
For many commercial claims you cannot go straight to court. Mediation is a mandatory filing condition (dava şartı) for commercial-receivable disputes — claims for a sum of money — under Article 5/A of the Commercial Code No. 6102 and Article 18/A of the Mediation Law No. 6325. If you file without first completing mediation, the case is rejected on procedural grounds.
Commercial litigation before the Turkish courts
Where arbitration is not agreed or not appropriate, we litigate before the Turkish courts — typically the Commercial Courts of First Instance for business disputes — with appeals to the regional court of appeal (Bölge Adliye Mahkemesi) and, where open, to the Court of Cassation. We handle the full range: contract and debt claims, shareholder and joint-venture disputes, and the recovery of commercial debts in Türkiye.
Recognition and enforcement of foreign court judgments
A foreign court judgment has no automatic effect in Türkiye. To use it, you bring an action for recognition (tanıma) — which gives the judgment res judicata effect — or enforcement (tenfiz) — which lets you execute it against Turkish assets — under Arts. 50-59 of MÖHUK No. 5718. The court checks conditions such as reciprocity, proper service, and consistency with Turkish public policy, without re-trying the merits. The mechanics are the same ones Turkish courts apply when they recognise foreign judgments in other fields.
Recognition and enforcement of foreign arbitral awards
Foreign arbitral awards are enforced in Türkiye under the New York Convention 1958. The grounds on which a Turkish court may refuse enforcement are narrow and limited to those in the Convention — an invalid arbitration agreement, denial of due process, an award outside the scope of submission, or a public-policy breach. This is what makes a well-run arbitration so powerful: the resulting award is enforceable against Turkish assets with limited room for the losing party to re-open the dispute.
Interim and precautionary measures
A judgment or award is worth little if the assets have vanished by the time you win. Turkish law offers interim injunctions (ihtiyati tedbir) and precautionary attachment (ihtiyati haciz) to freeze assets or preserve a position while the dispute is decided. Securing protection early — sometimes before the other side knows a claim is coming — is often the single most important step. We then convert the win into recovery through Turkish execution proceedings; see how Turkish execution proceedings work.
Challenging an arbitral award
An arbitral award seated in Türkiye is not appealed on the merits, but it can be challenged by an action to set aside (iptal davası) on limited grounds under Law No. 4686.
Handling it from abroad: power of attorney and remote handling
You do not need to be in Türkiye to run a dispute here. With a power of attorney — notarised and apostilled abroad and translated, or signed from abroad — we file and run the arbitration or litigation, obtain interim measures, and pursue enforcement on your behalf. See our guide on granting a power of attorney for use in Türkiye. Most foreign clients never set foot in a Turkish courtroom.
Common mistakes foreign businesses make
The disputes that go wrong usually share a few roots: a vague or unworkable arbitration clause; filing in court without the mandatory mediation and getting the claim rejected; waiting to seek interim protection until the assets have moved; missing the 30-day window to challenge an award; and assuming a foreign judgment or award is automatically effective in Türkiye when it needs recognition first. Each is avoidable with early advice — which is exactly when disputes are cheapest to influence.
How we run your dispute
Case and clause review
We read the contract, the arbitration or jurisdiction clause and the correspondence, and give you a candid read on the merits, the forum and the deadlines.
Strategy and forum selection
We choose the right route — arbitration or court, in Türkiye or abroad — and set a strategy with a clear fee structure before work begins.
Pre-action mediation or notice
Where mediation is a precondition, we complete it properly; otherwise we open with the notices and demands that position the case.
Filing the proceedings
We file and run the arbitration or court proceedings, manage the evidence, and represent you at hearings.
Interim protection of assets
We seek injunctions or precautionary attachment to secure assets so a win is actually collectable.
Award or judgment and enforcement
We obtain the award or judgment and enforce it against assets through Turkish execution proceedings.
Recognition of a foreign decision
Where you already hold a foreign judgment or award, we recognise and enforce it in Türkiye against local assets.
Dispute resolution in Türkiye — frequently asked questions
Should my contract choose arbitration or the Turkish courts?
It depends on the deal, the counterparty and where the assets are. Arbitration offers a neutral, confidential forum and an award enforceable in over 170 countries; litigation can be faster and cheaper for straightforward domestic claims. We advise on the right clause before you sign.
Can I enforce a foreign court judgment in Türkiye?
Not automatically. You must bring an action for recognition or enforcement under Articles 50-59 of MÖHUK No. 5718. The court checks conditions such as reciprocity, proper service and public policy, but does not re-try the merits.
How do I enforce a foreign arbitral award in Türkiye?
Under the New York Convention 1958, to which Türkiye has been a party since 1992. A Turkish court may refuse enforcement only on the narrow grounds listed in the Convention, which makes a well-run arbitration a strong tool against Turkish assets.
Is mediation mandatory before I can sue?
For commercial-receivable (money) disputes between businesses, yes — mediation is a filing condition under Article 5/A of the Commercial Code and Article 18/A of the Mediation Law. File without it and the case is rejected on procedural grounds.
How can I stop the other side from moving its assets?
Through interim measures — an injunction (ihtiyati tedbir) or precautionary attachment (ihtiyati haciz) — which freeze assets or preserve a position while the dispute is decided. Securing protection early, sometimes before the other side is aware of the claim, is often decisive.
Can I appeal an arbitral award I disagree with?
Not on the merits. An award seated in Türkiye can be challenged only by an action to set aside on limited grounds under Law No. 4686, and that action must be filed within 30 days of notification of the award.
What is the difference between recognition and enforcement?
Recognition (tanıma) gives a foreign decision binding, res judicata effect in Türkiye; enforcement (tenfiz) goes further and lets you execute it against Turkish assets. Which you need depends on what you want the decision to do.
How long does enforcement of a foreign judgment or award take?
It varies with the court's workload and whether the other side contests the conditions. Because the court does not re-try the merits, a clean case with the right documents and translations moves more quickly. We give a realistic timeline at the outset.
What is ISTAC?
The Istanbul Arbitration Centre, an independent institution that administers domestic and international arbitrations under modern rules, often at lower cost and with faster timelines than some international alternatives. We act in ISTAC and ICC arbitrations alike.
Can you run my dispute if I am based abroad?
Yes. With a notarised, apostilled power of attorney we file and conduct the arbitration or litigation, obtain interim measures and pursue enforcement on your behalf. Most foreign clients handle the entire matter remotely.
