1) Can foreigners sue in Turkey?
Yes. Foreign individuals and foreign companies can bring claims before Turkish courts. The core procedural framework is generally the same as for Turkish citizens, but foreign parties commonly face additional complexity in service of process, document formalities and translations, court fees and costs, security for costs (cautio judicatum solvi), and—where the dispute has an international element—jurisdiction and applicable law considerations under Turkish private international law rules.
2) Choosing the right court: subject-matter jurisdiction and venue
The competent court depends on the nature of the dispute (commercial, employment, consumer, family, tort, etc.). Venue typically follows the defendant’s domicile, place of performance, place where the tort occurred, or the location of immovable property.
Where the case involves a foreign element, Turkish Private International Law and International Civil Procedure Law (MÖHUK) may influence the assessment of jurisdiction and the governing law, especially in cross-border contracts, foreign defendants, or disputes linked to assets abroad.
3) Mandatory mediation: does it apply to foreigners?
In certain categories (commonly commercial receivables and employment disputes), mediation can be a mandatory precondition before filing a lawsuit. A foreign party does not remove that requirement. In practice, effective participation often requires interpreters, properly served invitations/notifications, and a clear documentary record. If settlement is reached, the mediated settlement can provide a fast and enforceable outcome.
4) Language and sworn translations
Court proceedings in Turkey are conducted in Turkish. Documents submitted in a foreign language should generally be supported by sworn translations. Courts may request additional or revised translations if needed. Interpreters may be required during hearings, witness testimony, or mediation sessions. Many delays in cross-border cases arise from incomplete translations or documents that do not meet formal validity standards.
5) Service of process abroad: why timelines may expand
Serving court documents to a party located abroad is often slower than domestic service. The method depends on whether the party has a Turkish service address, has appointed a Turkish lawyer, and which international channels are available (such as Hague service mechanisms or other official routes).
Practical takeaway: appointing counsel and designating a reliable service address in Turkey, where possible, can significantly reduce procedural friction.
6) Fees, costs, and security for costs (cautio)
Court fees and an advance on expenses are generally required when initiating proceedings. For foreign claimants, Turkish law may also require security for costs (cautio judicatum solvi) in certain scenarios. The purpose is to secure potential cost liabilities in favor of the opposing party if the claimant loses.
Key points:
- It is not automatically imposed in every case; the assessment is fact-specific.
- Treaties, reciprocity, and special legal statuses may affect whether security is required.
- A careful preliminary review helps anticipate and manage this risk.
7) How a civil case progresses in Turkey (typical roadmap)
A simplified roadmap looks like this:
- Statement of claim filed (with fees, expense advance, evidence list)
- Service and written pleadings (defense and responses)
- Preliminary examination (issues in dispute clarified)
- Evidence phase (documents, witnesses, expert reports, site inspections if needed)
- Oral hearing and judgment
Depending on the urgency and the risk of irreparable harm, parties may request interim measures (e.g., injunctions or provisional attachments). For foreigners, this can be crucial when preserving assets or securing receivables.
8) Appeals: regional appellate review and further review
If the conditions are met, first-instance judgments may be challenged before the regional appellate courts (often referred to as “istinaf”). In certain cases, a further review route may be available. Appeal strategy depends on the dispute type, monetary thresholds, procedural posture, and the grounds of error. For foreign parties, managing deadlines and service logistics is particularly important.
9) Enforcement and foreign judgments: recognition and enforcement in Turkey
A Turkish judgment can be enforced once it becomes final and meets enforcement requirements. Conversely, foreign court judgments often require recognition/enforcement proceedings in Turkey to produce legal effect—commonly in divorce, custody, maintenance, and commercial debt cases. Document formalities (apostille/consular certification), proof of finality, and public policy considerations can determine the outcome.
10) Common mistakes foreigners should avoid
- Starting proceedings without a clear service strategy (address/counsel)
- Missing apostille/certification and sworn translation requirements
- Filing in the wrong court (jurisdiction/venue errors)
- Submitting evidence too late or in an improper format
- Ignoring potential security for costs (cautio) exposure
Conclusion : Litigation in Turkey is accessible to foreign parties, but procedural success often depends on managing service of process, translation and document validity, security for costs, and cross-border jurisdiction/applicable-law issues from the start.
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