Enforcing Foreign Judgments and Arbitral Awards in Türkiye

International transactions often involve parties, assets and disputes across more than one jurisdiction. A company may obtain a judgment in England, the United States, Europe or another country, only to find that the debtor's assets are located in Türkiye. Similarly, a party may obtain an arbitral award in an international arbitration and need to convert that award into effective recovery against Turkish assets.

In such cases, the legal question is not only whether the creditor has won the dispute abroad. The more practical question is whether that foreign decision can be recognised, enforced and ultimately collected in Türkiye. This guide explains the key legal and strategic issues involved.

1. Recognition and enforcement are not the same

The terms "recognition" and "enforcement" are often used together, but they serve different legal functions.

Recognition means that a foreign judgment or award is acknowledged as having legal effect in Türkiye. It may be relevant where the foreign decision is relied upon as evidence of a legal status, final determination or defence.

Enforcement goes further. It allows the successful party to use Turkish enforcement mechanisms to compel performance, collect money, seize assets or otherwise give practical effect to the decision.

A foreign decision may therefore be important as a matter of legal status, but if payment or compulsory performance is required, enforcement will usually be necessary.

2. Foreign court judgments are not automatically enforceable

A foreign court judgment does not automatically become enforceable merely because it is final in the country where it was issued. Before a foreign civil judgment can be enforced in Türkiye, a competent Turkish court must decide that it is enforceable under the applicable Turkish private international law rules.

This means that a creditor holding a foreign court judgment should plan for an additional Turkish court procedure before commencing execution against assets located in Türkiye. The enforcement process is not a retrial of the foreign case on the merits; however, the Turkish court will examine whether the legal requirements for enforcement are satisfied.

3. Conditions for enforcement of foreign judgments

The enforceability of a foreign court judgment in Türkiye generally depends on several conditions. These may include:

the judgment must be final and binding under the law of the country where it was rendered;
the judgment must relate to a civil matter;
there must be reciprocity between Türkiye and the country of origin, where applicable;
the foreign court must not have exercised jurisdiction in a manner considered incompatible with Turkish rules on exclusive jurisdiction;
the judgment must not be clearly contrary to Turkish public order;
the defendant must have been properly summoned or represented in accordance with due process standards; and
the judgment must not violate the defendant's right to be heard.

The most frequently contested issues are often due process, public order, jurisdiction and finality. A creditor should therefore review the foreign judgment and underlying procedure before filing in Türkiye.

4. Documents usually required

The precise documentary requirements depend on the case, the country of origin and the court before which enforcement is sought. However, an enforcement application will commonly require the original or certified copy of the foreign judgment; evidence that the judgment is final; certified Turkish translations; apostille or legalisation, where required; power of attorney for Turkish counsel; evidence concerning service and representation, where relevant; and supporting documentation showing the identity of the parties and the nature of the claim.

Errors in certification, legalisation, translation or proof of finality can delay the process. International creditors should therefore collect the required procedural documents from the foreign court while the foreign proceedings are still fresh, rather than waiting until enforcement is required.

5. Choosing the right Turkish court

The competent court depends on the nature of the matter and the applicable procedural rules. In many cases, the application will be filed before a Turkish civil court having jurisdiction over the defendant's domicile, residence or relevant assets. If the defendant has no domicile or residence in Türkiye, the location of assets may become practically important.

Before filing, the creditor should identify where the debtor is located; whether the debtor has assets in Türkiye; whether those assets are movable, immovable, bank accounts, receivables or shares; whether urgent interim protection is required; and whether parallel enforcement or settlement discussions should be pursued.

A technically valid enforcement judgment may have limited value if no recoverable assets can be located.

6. Public order objections

Turkish courts may refuse recognition or enforcement where the foreign judgment is clearly contrary to Turkish public order. Public order is not a general invitation to reargue the merits of the foreign dispute: a Turkish court should not simply substitute its own view of the facts or law for that of the foreign court.

However, public order objections may become relevant where the foreign decision or underlying procedure is fundamentally incompatible with basic legal principles, due process, defence rights or essential standards of Turkish law. Creditors should anticipate that debtors may attempt to rely on public order arguments, particularly in high-value commercial disputes, fraud allegations, punitive damages, insolvency-related disputes or matters involving strongly regulated areas.

7. Due process and service

Defective service is one of the most practical risks in cross-border enforcement. If the defendant was not properly summoned, was not given an opportunity to defend itself, or the foreign proceedings violated essential defence rights, enforcement may be challenged.

For this reason, a claimant planning foreign litigation should consider enforceability in Türkiye from the beginning of the original proceedings. Important questions include: Was service carried out through the correct international channel? Was the defendant given adequate time to respond? Were translations required? Was default judgment entered? Did the defendant participate in the proceedings? Is there documentary evidence showing that service was properly completed?

A judgment obtained quickly abroad may become difficult to enforce if procedural shortcuts create due process objections later.

8. Reciprocity

Reciprocity may be relevant in enforcement of foreign court judgments. This means that Turkish courts may consider whether judgments from Türkiye can be enforced in the country where the foreign judgment was rendered, depending on the applicable legal framework. Reciprocity may arise through a treaty, statutory law or actual practice.

The issue should be examined for the specific country of origin before enforcement proceedings are commenced. Where no reliable reciprocity exists, creditors may need to consider alternative strategies, including arbitration, security arrangements or direct proceedings in Türkiye.

9. Enforcement of foreign arbitral awards

Foreign arbitral awards are treated differently from foreign court judgments. Türkiye is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention, which provides an internationally recognised framework for the enforcement of foreign arbitral awards.

In practice, this often makes arbitration an important mechanism for cross-border commercial disputes involving Turkish parties or assets. A party seeking enforcement of a foreign arbitral award in Türkiye will still need to apply to a Turkish court; however, the court's review is generally limited to the recognised grounds for refusal rather than a full reconsideration of the merits.

10. Documents required for arbitral awards

An application to enforce a foreign arbitral award will commonly require the original or certified copy of the arbitral award; the arbitration agreement or arbitration clause; evidence that the award is final and binding, where relevant; certified Turkish translations; apostille or legalisation, where required; and power of attorney for Turkish counsel.

The arbitration agreement is particularly important. If the arbitration clause is poorly drafted, unsigned, incorporated by unclear reference or disputed, the debtor may challenge enforcement on the basis that there was no valid agreement to arbitrate.

11. Grounds for refusing enforcement of arbitral awards

A Turkish court may refuse enforcement of a foreign arbitral award on limited grounds. These may include invalidity of the arbitration agreement; lack of proper notice; inability of a party to present its case; the award exceeding the scope of the arbitration agreement; irregular composition of the arbitral tribunal; the award not yet being binding or being set aside at the seat; the dispute not being arbitrable under Turkish law; and enforcement being contrary to Turkish public order.

These grounds are not intended to permit a losing party to relitigate the entire dispute. However, enforcement can still become contested and time-consuming where the arbitration clause, procedural history or award wording leaves room for objection.

12. Why contract drafting matters

The enforcement stage is often shaped by decisions made at the contract-drafting stage. A well-drafted dispute-resolution clause should address whether disputes will be resolved by courts or arbitration; the seat of arbitration; the arbitral institution; the number of arbitrators; the language of proceedings; governing law; emergency or interim relief; consolidation of related disputes; confidentiality; and service of notices.

In court-jurisdiction clauses, parties should consider whether the resulting judgment will be enforceable where the counterparty's assets are likely to be located. In arbitration clauses, parties should ensure that the clause is valid, clear and suitable for the transaction. A dispute-resolution clause should not be copied from another contract without considering the parties, asset location, transaction value and enforcement strategy.

13. Interim measures and asset preservation

A creditor may need to protect assets before the recognition or enforcement process is complete. Depending on the circumstances, Turkish law may allow interim measures or provisional attachment to preserve the practical value of the claim. The availability and requirements of interim protection depend on the type of claim, the evidence available, the risk of non-recovery and the security that the court may require.

Interim relief should be considered where there is a concern that the debtor may transfer, conceal or dissipate assets before enforcement can be completed. Timing is critical: if asset preservation is left too late, the creditor may obtain recognition or enforcement but still fail to recover.

14. Enforcement after recognition (tenfiz)

Once a foreign judgment or arbitral award has been recognised and declared enforceable, the creditor may proceed through Turkish enforcement mechanisms. Depending on the case, enforcement may involve attachment of bank accounts; seizure of movable assets; attachment of receivables; enforcement against shares; enforcement against real estate; sale of seized assets; or other statutory enforcement procedures.

The debtor may still raise objections within the enforcement process, depending on the nature of the proceeding. Creditors should therefore distinguish between obtaining a favourable decision abroad, obtaining recognition or enforcement in Türkiye, and converting that decision into actual recovery. Each stage requires separate planning.

15. Settlement strategy

Recognition and enforcement proceedings may also create leverage for settlement. A debtor with assets, business operations or reputational exposure in Türkiye may prefer to resolve the dispute rather than face enforcement measures.

However, settlement strategy should be structured carefully. A settlement agreement should address amount and currency; payment timetable; default consequences; security; confidentiality; tax treatment; release of claims; withdrawal or suspension of proceedings; costs; and enforcement of the settlement itself. If the settlement is cross-border, the parties should consider whether the agreement will be enforceable in all relevant jurisdictions.

16. Strategic planning before starting foreign proceedings

Parties often focus on winning the foreign litigation or arbitration without giving enough attention to enforcement. Before starting proceedings abroad, a claimant should ask: Where are the debtor's assets? Are those assets in Türkiye? Will the foreign judgment be enforceable in Türkiye? Is arbitration preferable to court litigation? Is the chosen court or arbitral tribunal appropriate? Will service and notice satisfy Turkish enforcement standards? Should interim measures be sought early? Is security available? Are there related Turkish proceedings? Is settlement commercially preferable?

The best enforcement strategy often begins before the first claim is filed.

17. Common mistakes in cross-border enforcement

International creditors should avoid assuming a foreign judgment is automatically enforceable in Türkiye; failing to obtain proof that the foreign judgment is final; using a defective or ambiguous arbitration clause; ignoring service requirements in the original proceedings; delaying asset searches until after judgment; overlooking interim measures; failing to translate and legalise documents correctly; treating recognition and enforcement as the same thing; pursuing litigation without analysing asset location; underestimating debtor objections; and separating legal strategy from commercial recovery strategy.

Avoiding these mistakes can materially improve the prospects of recovery.

Practical checklist

Before seeking recognition or enforcement in Türkiye, a creditor should consider:

Is the foreign decision final and binding?
Is the decision a civil or commercial judgment?
Is recognition or enforcement required?
Which Turkish court is competent?
Are the debtor's assets located in Türkiye?
Are urgent interim measures necessary?
Were service and defence rights respected in the foreign proceedings?
Are apostille, legalisation and translation requirements satisfied?
Is reciprocity relevant?
Is there any public order risk?
Does the arbitration agreement clearly cover the dispute?
Has the award been set aside or suspended at the seat?
Is the dispute arbitrable under Turkish law?
Is there a realistic collection strategy after enforcement?
Should settlement be pursued alongside enforcement?

Frequently asked questions

Can a foreign court judgment be enforced directly in Türkiye?

No. A foreign court judgment generally requires a Turkish court decision granting recognition or enforcement before compulsory execution can proceed in Türkiye.

Is recognition different from enforcement?

Yes. Recognition acknowledges the legal effect of the foreign decision. Enforcement permits compulsory execution, such as collection against assets.

Can a foreign arbitral award be enforced in Türkiye?

Yes, subject to the applicable requirements. Türkiye is a party to the New York Convention, and foreign arbitral awards may be enforced through Turkish court proceedings.

Will the Turkish court review the merits of the foreign dispute?

The Turkish court does not generally conduct a full retrial of the merits. However, it will examine the statutory conditions for recognition or enforcement and any recognised grounds for refusal.

What are common objections to enforcement?

Common objections include lack of finality, improper service, violation of defence rights, public order, lack of reciprocity in foreign judgment cases, invalid arbitration agreement and excess of arbitral authority.

Is arbitration better than court litigation?

It depends on the transaction. Arbitration may offer advantages in cross-border enforceability, confidentiality and neutrality. However, it can be costly and must be supported by a properly drafted arbitration agreement.

Can assets be protected before enforcement is completed?

Depending on the facts, interim measures or provisional attachment may be available. The creditor must act promptly and provide sufficient evidence of the claim and risk.

How long does enforcement take?

The timeline depends on the court, complexity of objections, completeness of documents, appeals and enforcement steps. Contested proceedings may take significantly longer than uncontested applications.

Conclusion

A foreign judgment or arbitral award is valuable only if it can be turned into practical recovery. For parties with claims involving Turkish counterparties or assets in Türkiye, enforcement strategy should not be left until after the foreign proceedings have concluded. It should be considered when the contract is drafted, when the dispute arises and before proceedings are commenced.

The key questions are practical as well as legal: where are the assets, what procedure is required, what objections may arise, and how can the decision be converted into actual recovery?

How Terziolu & Partners can assist

We advise businesses, investors and private clients on dispute resolution, cross-border enforcement and Türkiye-related commercial matters. Our work may include reviewing foreign judgments and arbitral awards; assessing recognition and enforcement prospects in Türkiye; preparing enforcement applications; advising on arbitration clauses and jurisdiction clauses; coordinating with foreign counsel; identifying Turkish asset-related issues; seeking interim measures or provisional attachment where appropriate; managing settlement discussions; supporting Turkish enforcement proceedings; and advising on dispute strategy before litigation or arbitration begins.

This article is provided for general informational purposes only and does not constitute legal advice. Recognition and enforcement requirements may vary according to the country of origin, the type of decision, the arbitration agreement, the nature of the dispute, the debtor's position, the location of assets and the date on which advice is sought. No action should be taken or withheld solely on the basis of this publication. Specific legal advice should be obtained before commencing proceedings, seeking enforcement or relying on a foreign judgment or arbitral award in Türkiye. Submission of an enquiry to Terziolu & Partners does not create a lawyer-client relationship unless and until the engagement is formally accepted in writing.