Recognition and Enforcement of Foreign Court Judgments and Arbitral Awards in Turkey

1. Why Enforcement in Turkey Matters

International trade, migration, investment and digital commerce mean that disputes are no longer confined to one country. A company may litigate in London or arbitrate in Dubai, but the losing party’s assets may ultimately be found in Turkey. In that scenario, the winning party quickly discovers a crucial truth of private international law:
a foreign decision does not enforce itself in Turkey.

Foreign court judgments and foreign arbitral awards only become effective against assets, bank accounts or real estate located in Turkey when they are recognised and enforced (tenfiz) by a Turkish court. Until a Turkish court grants that green light, a foreign judgment is essentially just a piece of paper from a Turkish enforcement perspective.

This article explains, in a practical and business-oriented way:

• When and how a foreign court judgment can be recognised and enforced in Turkey,
• How foreign arbitral awards are treated,
• The conditions, procedure, typical objections and strategic considerations for parties seeking to rely on such decisions.

The focus is on civil and commercial disputes, but many of the principles also apply to family, labour and other areas of law.

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2. Key Concepts: Recognition vs Enforcement (Tenfiz)

Before diving into the details, it is essential to separate two connected but distinct concepts under Turkish law: recognition and enforcement.

2.1 Recognition

Recognition means that a Turkish court accepts the foreign judgment or arbitral award as legally valid and binding within Turkey. Once recognised:

• The foreign decision has res judicata effect in Turkey;
• Turkish courts must treat the foreign decision as a binding determination of the dispute between the parties;
• It may serve as conclusive evidence of certain rights or legal statuses (for example, that the parties are divorced, that a shareholder is removed, or that a contract was valid).

Recognition alone, however, does not directly allow you to seize bank accounts or sell immovable property.

2.2 Enforcement (Tenfiz)

Enforcement (tenfiz) goes one step further. With enforcement:

• The foreign judgment or arbitral award is not only recognised;
• It is given executory force, meaning it can be used before Turkish enforcement offices to collect money or perform non-monetary obligations.

For example, a foreign judgment ordering a debtor to pay 1 million euros becomes functionally equivalent to a Turkish money judgment, enabling:

• Attachment of bank accounts,
• Seizure and sale of movable or immovable property in Turkey,
• Other coercive measures available under the Turkish Enforcement and Bankruptcy Law.

Under Turkish practice, when a party requests enforcement, the resulting decision typically includes recognition as well. For status judgments (such as divorce), parties often request recognition only; for money judgments and damages awards, they usually request both recognition and enforcement.

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3. Legal Foundations in Turkey

Turkey has built a layered system for dealing with foreign judgments and awards. Three core pillars are important:

1. Domestic legislation
2. International conventions and bilateral treaties
3. Constitutional rules about the hierarchy of norms

Without naming articles one by one, the key idea is simple:

• Turkish statutes regulate the general framework for recognition and enforcement;
• International conventions (for example, on arbitration or on civil judgments) may provide more favourable or specific rules, and these are directly applicable once Turkey has ratified them;
• Where a convention and a statute conflict, the convention generally prevails in its field of application.

For practitioners and foreign parties, the practical question is:
Which regime applies to this particular judgment or award?

• If there is a specific treaty between Turkey and the state of origin, that treaty may govern.
• If not, the general rules of Turkish international private law and civil procedure fill the gap.
• For arbitral awards, the New York Convention usually plays the leading role whenever its conditions are met.

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4. Foreign Court Judgments: Scope and Typical Examples

4.1 What counts as a “foreign judgment”?

In the Turkish system, the term “foreign judgment” generally covers:

• Decisions of a foreign court in civil or commercial matters;
• Sometimes the civil-law portions of a criminal judgment, for example, compensation orders in a criminal case;
• Family-law decisions (divorce, custody, maintenance, adoption);
• Labour, IP, corporate and other private-law decisions.

Purely administrative decisions from foreign authorities are usually not treated as court judgments, although they may play a role as evidence in other proceedings.

4.2 Common scenarios in practice

Typical situations where parties seek enforcement in Turkey include:

• A foreign bank obtains a money judgment abroad against a Turkish borrower and wants to attach assets in Istanbul.
• A supplier wins a dispute about unpaid invoices in a European court and discovers that the buyer’s only valuable assets are located in Turkey.
• A foreign court decides on shareholder disputes within a Turkish company, and the winning shareholder wants the decision reflected in the Turkish trade registry.
• A couple divorces abroad and needs the decision to be recognised for civil registry and property purposes in Turkey.

In each of these cases, success depends on whether the foreign judgment satisfies the conditions for recognition and/or enforcement under Turkish law.

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5. Conditions for Enforcement of Foreign Court Judgments

Turkish courts do not re-try the underlying dispute. They instead verify whether the foreign judgment complies with a set of formal and substantive safeguards designed to protect basic fairness, public policy and jurisdictional balance. The main conditions can be summarised as follows.

5.1 Final and binding character

The foreign judgment must be final and conclusive in the state where it was rendered. In practice, this means:

• No ordinary appeal is pending and the time limits for such appeal have expired, or
• The highest ordinary instance has already ruled on the merits.

Parties usually prove finality with:

• A certificate of finality or similar endorsement by the foreign court;
• Extracts from the foreign procedural law, legal opinions or official documents showing that the judgment has passed into res judicata status.

If the judgment is still open to ordinary appeal in the foreign state, Turkish courts will generally not enforce it.

5.2 Jurisdiction and absence of exclusive Turkish jurisdiction

Turkish courts check whether:

• The foreign court had jurisdiction according to its own rules and accepted international standards; and
• The subject matter does not fall under exclusive Turkish jurisdiction.

Exclusive Turkish jurisdiction usually covers issues that are closely connected to the sovereignty and legal order of Turkey, such as:

• Rights in rem (ownership, mortgages) over immovable property located in Turkey;
• Certain public-law matters;
• Some company-law issues directly linked to the organisation of Turkish legal entities.

If a foreign court assumes jurisdiction over a dispute that Turkish law considers to be within the exclusive jurisdiction of the Turkish courts, enforcement will typically be refused.

5.3 Reciprocity and international comity

Historically, Turkish law has required some form of reciprocity between Turkey and the country whose court rendered the judgment. Reciprocity can be:

• Treaty-based, via a bilateral or multilateral convention; or
• De facto, demonstrated by practice and case law showing that the foreign state also recognises and enforces Turkish judgments.

In commercial reality, reciprocity disputes still arise but are often resolved by referring to:

• The existence (or absence) of treaties;
• Legal opinions and case-law research;
• Previous Turkish decisions enforcing judgments from the same country.

For some states, this element is straightforward; for others, it may require more detailed evidence from local experts.

5.4 Public policy (kamu düzeni)

Public policy is one of the most sensitive filters. Turkish courts will not enforce a foreign judgment that clearly contradicts the fundamental principles of Turkish law and social order.

Public policy is not a licence to re-decide the case. Instead, courts focus on whether the outcome or the procedure behind the foreign judgment is grossly incompatible with core values, for example:

• Serious violation of basic procedural rights (no notice, no opportunity to defend, manifestly unfair trial);
• Judgments obtained via fraud or abuse of process;
• Awards of damages or interest that are so excessive or punitive in nature that they shock the conscience of the Turkish legal order;
• Decisions that openly disregard mandatory rules on family, status or fundamental rights.

In some situations, Turkish courts may grant partial enforcement:
they enforce the part of the judgment that is acceptable and refuse only the element that violates public policy (for instance, the punitive component of a damages award).

5.5 Right to be heard and proper service

Even if a foreign court had jurisdiction, Turkish courts also verify whether the defendant:

• Was properly served with the claim and other essential documents;
• Was given enough time to respond;
• Had a fair opportunity to present evidence and arguments.

Issues frequently arise where:

• Service was made by post without translation;
• Service did not comply with the relevant international service conventions;
• The defendant did not participate in the proceedings and claims that he never knew about them.

If it appears that the defendant was effectively deprived of the right to defend himself, Turkish courts may refuse enforcement, or at least question the reliability of the foreign process.

5.6 No conflicting judgments

Enforcement may also be denied if:

• There is a prior Turkish judgment on the same dispute between the same parties; or
• There is another foreign judgment between the same parties on the same matter, which has already been recognised or enforced in Turkey.

This avoids the coexistence of contradictory res judicata decisions within the Turkish legal order.

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6. Procedural Steps for Enforcing a Foreign Court Judgment

6.1 Competent courts in Turkey

Applications for recognition and enforcement are filed as civil lawsuits before the competent Turkish courts. Depending on the nature of the dispute, these may be:

• Civil courts of first instance,
• Commercial courts of first instance,
• Family courts,
• Labour courts.

Territorial jurisdiction is generally based on:

• The domicile or habitual residence of the person against whom enforcement is sought; or
• If that person has no domicile in Turkey, the courts in major cities such as Istanbul, Ankara or Izmir are commonly used.

6.2 Documents required

A typical enforcement claim must be supported by:

1. Duly authenticated copy of the foreign judgment;
2. Proof of finality (certificate or annotation that the judgment has become final);
3. If not clear from the judgment itself, documentation showing that the defendant was properly served and given a chance to defend;
4. Certified Turkish translations of all documents;
5. Any necessary apostille or consular legalisation, depending on whether both countries are party to the Apostille Convention;
6. A properly issued power of attorney in favour of a Turkish lawyer, also translated and legalised if granted abroad.

Failure to provide any of these can delay or jeopardise the enforcement case, so careful preparation is essential.

6.3 The enforcement lawsuit

The process begins with a statement of claim filed with the competent court. In this document, the applicant:

• Identifies the parties;
• Explains the foreign proceedings and the resulting judgment;
• States the legal basis for recognition and enforcement under Turkish law and any applicable convention;
• Attaches the supporting documents;
• Specifies whether it seeks recognition only or recognition plus enforcement.

The court serves the claim on the defendant, who then has the opportunity to submit a statement of defence. The defendant’s objections are limited to the statutory grounds (lack of conditions, public policy, service issues, etc.). He or she cannot simply re-argue the underlying merits of the dispute.

6.4 Hearing and scope of review

After the written phase, the court may hold one or more hearings. However, the scope of review is narrow:

• The Turkish court does not examine whether the foreign court applied the “right” substantive law;
• It does not reconsider the evidence;
• It checks only formal requirements and whether any grounds for refusal exist.

In many uncomplicated cases, the court may reach a decision relatively quickly once documentation is complete and service has been achieved.

6.5 Decision, appeal and execution

At the end of the proceedings the court will either:

• Grant recognition and/or enforcement of the foreign judgment, or
• Refuse it, with reasons.

The decision can be:

• Appealed to the regional court of appeal;
• Further challenged before the Court of Cassation, depending on the dispute’s value and applicable procedural rules.

Once the enforcement decision becomes final, the foreign judgment can be used like a domestic judgment before Turkish enforcement offices:

• The creditor may initiate enforcement proceedings,
• Attach assets and bank accounts,
• Request the sale of movable or immovable property,
• Use other available coercive measures.

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7. Special Topics: Family Law and Divorce Judgments

One of the most common categories of foreign judgments presented to Turkish authorities involves family law, especially divorce.

7.1 Recognition of foreign divorces

Foreign divorce decrees are important for:

• Updating civil registry records in Turkey;
• Allowing parties to remarry under Turkish law;
• Clarifying surname changes, property regimes and inheritance effects.

Traditionally, even a straightforward divorce judgment from abroad required court-based recognition in Turkey. Once recognised, the decision would be forwarded to the population directorate for registration.

Over time, Turkey has developed more streamlined mechanisms, including administrative registration in certain cases, but in many situations a court decision is still needed, particularly when:

• There are disputes about the validity of the foreign judgment;
• Ancillary orders (alimony, property division, custody) need to be enforced, not merely registered.

7.2 Ancillary orders in family cases

Foreign judgments often address not only divorce itself but also:

• Alimony and maintenance,
• Custody and visitation,
• Division of matrimonial property.

While the status component (the divorce as such) may be recognised relatively easily, the financial and parental-responsibility components often require careful review against Turkish public policy and child-protection standards. Courts may, for instance:

• Recognise and enforce maintenance orders subject to currency and interest adjustments;
• Evaluate custody orders with close attention to the best interests of the child, particularly if circumstances have significantly changed since the foreign decision.

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8. Foreign Arbitral Awards: A Distinct but Related Regime

While foreign court judgments follow one set of rules, foreign arbitral awards follow another, partially overlapping regime. For many cross-border commercial disputes, arbitration is the preferred method and enforcement of the resulting award in Turkey is a key question.

8.1 The role of the New York Convention

Turkey is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This convention forms the backbone of the enforcement regime for:

• Awards rendered in the territory of another contracting state, and
• Disputes considered commercial under Turkish law.

The New York Convention is designed to be pro-enforcement. It obliges national courts to recognise and enforce foreign arbitral awards, subject only to limited grounds for refusal. Where the Convention applies, Turkish courts use it as the primary legal basis, complemented by domestic provisions where needed.

8.2 Grounds for refusing enforcement of arbitral awards

The grounds for refusal of foreign arbitral awards are broadly similar across jurisdictions and include:

• Invalid arbitration agreement: the underlying arbitration clause or submission agreement was null, void or incapable of being performed under the law chosen by the parties or, failing that, the law of the seat of arbitration;
• Violation of due process: a party was not given proper notice of the arbitration or was otherwise unable to present its case;
• Excess of authority: the award decides issues that fall outside the scope of the arbitration agreement;
• Irregular composition of the tribunal or procedure not in accordance with the parties’ agreement or the applicable law;
• Award not yet binding or set aside at the seat of arbitration;
• Non-arbitrability or public policy: the subject matter is not arbitrable under Turkish law or enforcement would violate Turkish public policy.

These grounds are interpreted restrictively. Turkish courts will not revisit the merits of the dispute simply because one party believes the tribunal misapplied the law or misinterpreted the contract.

8.3 Procedure for enforcing a foreign arbitral award in Turkey

Despite the different legal basis, the procedural steps resemble those for court judgments:

1. Identify the competent court – usually a court in the place where the debtor has its domicile or assets, often a civil or commercial court of first instance in major commercial centres.
2. Submit the enforcement petition – including:
   • Authenticated copy of the arbitral award;
   • Original or certified copy of the arbitration agreement;
   • Evidence that the award is final and binding under the law of the seat;
   • Certified Turkish translations and, where necessary, apostille/legalisation.
3. Serve the petition on the debtor, who may raise objections limited to the grounds allowed under the New York Convention and domestic law.
4. Court review – checking the formal validity of the award, the existence of a valid arbitration agreement, procedural fairness, arbitrability and public policy.
5. Decision and appeal – granting or refusing enforcement; appeals follow the normal civil procedure routes.

Once enforcement is granted and becomes final, the arbitral award can be executed like a domestic judgment through the enforcement offices.

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9. Strategy Tips for Creditors and Debtors

9.1 For creditors seeking enforcement in Turkey

1. Plan enforcement from the outset
   When drafting contracts and choosing dispute-resolution mechanisms, parties should ask:
   “If we win, can we enforce in Turkey where the assets are?”
   This affects the choice between litigation and arbitration, and the selection of the seat of arbitration or foreign forum.
2. Ensure proper service and procedural fairness
   Many enforcement challenges revolve around service and the right to be heard. To avoid problems later:
   • Use reliable, treaty-compliant service methods;
   • Keep detailed records of notices, courier receipts, email correspondence and acknowledgements;
   • Make sure the opposing party has a reasonable opportunity to participate.
3. Secure the right documentation early
   After obtaining a foreign judgment or award, immediately request:
   • Certificates of finality,
   • Copies in the necessary format,
   • Any certificates that might be needed for apostille/legalisation.
4. Prepare a clear evidentiary package for Turkish courts
   Turkish judges do not have automatic access to foreign laws. If the enforcement case involves foreign procedural rules or questions of reciprocity, consider:
   • Submitting legal opinions from foreign counsel;
   • Providing official documents or case-law excerpts (with translations) that clarify how judgments or awards from Turkey are treated in that jurisdiction.
5. Think about interim measures
   In some circumstances, it may be possible to apply for precautionary attachment or similar measures in Turkey to protect assets while the enforcement case is pending. This requires careful planning and an assessment of proportionality.

9.2 For debtors resisting enforcement

1. Identify genuine grounds for refusal
   Turkish courts will not entertain defences that essentially re-argue the merits. Effective objections are limited to:
   • Lack of finality,
   • Defects in service or due process,
   • Absence of a valid arbitration agreement,
   • Issues of arbitrability or public policy,
   • Conflicts with Turkish exclusive jurisdiction or prior judgments.
2. Avoid abusive tactics
   Raising weak or irrelevant objections can backfire, leading to increased costs, negative judicial attitudes and potential reputational harm. Focus on serious and demonstrable problems.
3. Consider settlement
   Enforcement proceedings can be time-consuming and costly for both sides. A debtor who faces a strong enforcement case might consider negotiating a settlement that restructures the debt or provides alternative security, especially where cash-flow constraints, but not principle, are the real obstacle.

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10. Common Pitfalls and Practical Lessons

• Incomplete documentation: Missing certificates, outdated translations or absent apostilles are frequent reasons for delay.
• Underestimating public policy issues: Especially with punitive damages or extremely high interest, creditors must anticipate that Turkish courts may trim or refuse those parts.
• Ignoring currency and interest questions: Enforcement of foreign-currency judgments raises questions about conversion, applicable interest rates and valuation dates; these should be addressed explicitly in the enforcement petition.
• Overlooking family-law nuances: In divorce and custody cases, foreign decisions may conflict with evolving circumstances or Turkish child-protection standards. Parties should provide up-to-date information on the situation of minors and explain why enforcement is still in their best interests.
• Delay: While there may be no explicit statutory limitation period for bringing an enforcement action, long delays can create evidentiary and practical problems, and may influence the court’s view of fairness and good faith.