Arbitration and Enforcement Lawyer in Istanbul, Turkey

This page is for foreign companies with a Turkish counterparty, and for anyone holding a foreign court judgment or arbitral award against someone with assets in Turkey. We draft arbitration clauses, start and run arbitrations, file recognition and enforcement (tenfiz) actions before the competent Turkish commercial or civil court, and then pursue execution against the debtor's assets in Turkey.

A foreign judgment or award has no force in Turkey until a Turkish court grants enforcement. The conditions are fixed by law, though, and the court does not, as a rule, retry the merits of your case.

When you need an arbitration and enforcement lawyer in Turkey

The files we see usually fall into one of these situations:

• You are about to sign with a Turkish company (a supplier, distributor, contractor or joint venture partner) and want a dispute clause that will actually work if things go wrong.
• You won an arbitration abroad in London, Paris, Geneva, Singapore or elsewhere, but the losing party's bank accounts, real estate or receivables are in Turkey.
• You hold a foreign court judgment for a debt, damages or a commercial claim and need to collect it in Turkey.
• You are a Turkish company facing a foreign award or judgment and an enforcement action has been filed against you. Your defences have to be raised on time.
• Your arbitration is seated in Turkey, typically in Istanbul, and you need counsel for the proceedings or for court support such as interim measures.

If the relationship is still workable, mediation is worth considering first.

The legal framework for arbitration in Turkey

Turkish law runs two arbitration regimes side by side. Knowing which one applies matters more than most parties expect.

• International Arbitration Law No. 4686: applies where the seat of arbitration is in Turkey and the dispute has a foreign element, for example one party is based abroad or the capital comes from abroad. The parties or the tribunal may also choose to apply it.
• The arbitration provisions of the Code of Civil Procedure No. 6100 (HMK): govern purely domestic arbitration with no foreign element.
• The 1958 New York Convention: Turkey is a party. As we understand it, Turkey ratified it with the reciprocity and commercial reservations, so it applies to awards made in another Contracting State on disputes regarded as commercial under Turkish law.
• Turkish Private International and Procedural Law No. 5718 (MÖHUK): sets the procedure and conditions for recognising and enforcing foreign court judgments, and for foreign awards that fall outside the Convention.

Two institutions come up often in practice: the Istanbul Arbitration Centre (ISTAC) and the ICC International Court of Arbitration. Our ISTAC attorney playbook and our guide to international arbitration and its application in Turkey cover them in more detail.

Drafting the clause and starting an arbitration

Enforcement problems are usually born at the drafting stage.

What a workable arbitration clause contains

• A clear, mandatory choice of arbitration. Wording like "may be referred to arbitration" invites a jurisdiction fight.
• Institutional or ad hoc arbitration, and if institutional, the exact name of the institution and its rules.
• The seat, the language and the number of arbitrators.
• The law governing the contract.
• Any pre-arbitration steps (negotiation or mediation) with a fixed time limit.

The arbitration agreement must be in writing. Not every dispute is arbitrable either: disputes over rights in rem in immovable property located in Turkey, and matters the parties cannot freely dispose of, generally cannot go to arbitration. If your contract touches Turkish real estate, have the clause checked before you sign.

Starting the arbitration

1. Document that any contractual preconditions (notice, negotiation, mediation) have been met.
2. For institutional arbitration, file a request for arbitration with the chosen institution, such as ISTAC or the ICC, under its rules and pay the filing fee. For ad hoc arbitration, serve the notice of arbitration on the other side.
3. Appoint arbitrators and constitute the tribunal.
4. Where needed, apply to a Turkish court or the tribunal for interim measures or a precautionary attachment (ihtiyati haciz) to stop assets being moved.
5. Written submissions, evidence, hearings and the final award.

An award made in Turkey can only be challenged through a setting-aside action, on limited grounds and within a short, strict time limit. Miss it and the right to challenge is, in practice, gone. For a side-by-side view of courts and arbitration, see our trade dispute litigation and arbitration guide.

Enforcing a foreign arbitral award in Turkey, step by step

1. Preliminary check: confirm that the award was made in a New York Convention state, that the dispute is commercial, that the award is binding on the parties, and that the debtor actually has assets in Turkey.
2. Prepare the documents: the original or a certified copy of the award and of the arbitration agreement, with an apostille or consular legalisation and a sworn Turkish translation.
3. File the enforcement action: in commercial matters this is, as a rule, brought before the Commercial Court of First Instance (asliye ticaret mahkemesi). Unless the parties agreed on a court, jurisdiction generally lies where the respondent is domiciled in Turkey or, failing that, where the assets to be enforced against are located.
4. Service and defence: the respondent is served and may rely on the limited grounds listed in the Convention: an invalid arbitration agreement, no proper notice or opportunity to present its case, an award beyond the scope of the submission, an irregular tribunal or procedure, or an award that is not yet binding or has been set aside at the seat.
5. Grounds the court checks on its own: whether the subject matter is arbitrable under Turkish law and whether enforcement would be clearly contrary to Turkish public policy.
6. Judgment and appeals: the decision can be appealed to the regional court of appeal and then to the Court of Cassation (Yargıtay).
7. Execution: with the enforcement judgment, you open judgment-based execution proceedings at the execution office (icra dairesi) and seize bank accounts, real estate, vehicles and receivables. Our article on how to conduct debt enforcement proceedings explains that stage.

For the structure of the court filing itself, see our guide to recognition and enforcement of foreign arbitral awards.

Enforcing a foreign court judgment in Turkey

Foreign court judgments are governed by MÖHUK. Enforcement makes a judgment executable. Recognition gives it res judicata or evidential effect without execution; registering a foreign divorce in the Turkish civil registry is the classic example. Enforcement actions are generally heard by the Civil Court of First Instance (asliye hukuk mahkemesi), or by the Commercial Court where the judgment concerns a commercial matter.

The court looks mainly at these conditions:

• The judgment is final under the law of the country where it was given.
• There is reciprocity between Turkey and that country, through a treaty, a statutory rule or actual practice.
• The judgment does not concern a matter within the exclusive jurisdiction of the Turkish courts.
• It is not clearly contrary to Turkish public policy.
• The defendant was duly summoned and represented and could defend itself (examined if the defendant objects on that ground).

Reciprocity is the condition that most often slows a file down. Our foreign judgments attorney process guide walks through it, and family law judgments are covered in recognition and enforcement of foreign divorces.

Documents you will need

• The original award or judgment, or a duly certified copy.
• For court judgments, a certificate or annotation showing that the judgment is final.
• For awards, the original or a certified copy of the arbitration agreement or the contract containing the clause.
• An apostille on each document (for Hague Apostille Convention countries) or consular legalisation for other countries.
• Sworn Turkish translations of everything, notarised where required.
• A power of attorney signed abroad and apostilled, or signed at a Turkish consulate.
• For companies, up-to-date registry documents proving existence and signing authority.

A foreign claimant may, as a rule, be asked to post security for costs. A treaty or reciprocity can exempt you, and we check that on a case-by-case basis.

How long it takes

Nobody can give you a fixed date. Typical stages look like this:

• Document preparation: apostilles, translations and the power of attorney usually take a few weeks.
• First instance: enforcement actions follow the simplified procedure. If the respondent is in Turkey, a first-instance decision usually comes within several months to around a year. Service abroad can stretch this considerably.
• Appeals: if the respondent appeals, expect a further year or more, depending on court workload.
• Execution: attachments can start soon after the judgment becomes enforceable if assets have been identified; a forced sale of property can take months more.

Court fees are updated every year and depend on the amount in dispute, so we calculate current figures before filing.

What we do on these files

• Review contracts and arbitration clauses under Turkish law and draft new ones.
• Assess enforceability before you spend money: reciprocity, finality, public policy and right of defence risks.
• Carry out the asset searches that Turkish law allows.
• Prepare the enforcement or recognition petition and manage translation and legalisation.
• Represent you before the Commercial or Civil Court of First Instance and on appeal.
• Apply for precautionary attachment or interim measures where the conditions are met.
• Open execution proceedings on the enforcement judgment and follow the attachments through.
• Defend Turkish companies against enforcement actions brought on foreign awards or judgments.

Clients abroad do not need to travel: we work on the basis of an apostilled power of attorney. We work in English, French and Turkish. For contract and company disputes generally, see our commercial law services.

Common mistakes

• A pathological clause: naming an institution that does not exist, or offering "arbitration or the courts". Use the institution's official name and its model clause.
• Missing documents: filing without a certified copy of the arbitration agreement or proof of finality. This alone can add months.
• Careless translation: an error in the currency, interest or a party's name in the operative part causes trouble at the execution office. Have a lawyer check the translation.
• Ignoring asset flight: once the action is served, a debtor has time to move assets. Consider precautionary attachment from the outset where possible.
• Late defences: a Turkish respondent that does not raise its objections promptly and with evidence may lose them for good.

To discuss a specific file, reach us through our contact page.

Frequently Asked Questions

Can a foreign arbitral award be executed directly in Turkey?

No. A Turkish court must first grant enforcement. Once you have the enforcement judgment, you can start execution proceedings at the execution office.

Which Turkish court hears an enforcement action?

Commercial matters generally go to the Commercial Court of First Instance; other matters go to the Civil Court of First Instance. Jurisdiction usually follows the respondent's domicile in Turkey, and for awards an agreed court or the place of the assets can also be relevant.

Will the Turkish court reopen the merits of my case?

As a rule, no. The court checks whether the statutory and Convention conditions are met, not whether the foreign decision was right. Public policy is interpreted narrowly.

Is Turkey a party to the New York Convention?

Yes. Awards made in another Contracting State on commercial disputes are enforced under the Convention, with the Turkish court applying MÖHUK for the procedure.

How is reciprocity proved for a foreign court judgment?

A treaty between the two countries can settle it. Otherwise you show that the foreign country's law or court practice allows Turkish judgments to be enforced there. Courts may also request information through official channels.

Do I have to choose ISTAC or the ICC for an Istanbul-seated arbitration?

No. You can choose ISTAC, the ICC, another institution or ad hoc arbitration. What matters is that the clause is clear and workable.

Can I enforce a judgment in Turkey without travelling there?

Yes. With a power of attorney signed and apostilled abroad, or signed at a Turkish consulate, the court case and the execution stage can be handled by your lawyer. Personal attendance is usually not required.

Are interest and costs awarded abroad also enforceable?

Interest and costs stated in the operative part of the decision can, as a rule, be included in the enforcement request. How the interest is calculated, and whether it raises public policy questions, is assessed case by case.