Suing a foreign defendant in Turkey requires managing not only the merits of the dispute but also the international jurisdiction debate. In practice, the defendant’s first move is often a jurisdiction objection; your task is to show, with concrete facts, that the dispute has a close connection to Turkey—so the case is not lost at the jurisdiction stage.
1) International jurisdiction: which rules apply?
In disputes with a foreign element, Turkish courts’ international jurisdiction is generally determined by domestic territorial jurisdiction rules. Practically, you should select the “right Turkish court” by grounding jurisdiction in the relevant connection point under Turkish procedural rules. Typical examples include:
- For contractual disputes, the place of performance (often proven through delivery/payment documents),
- For tort claims, the place where the tort occurred or where the damage materialized,
- For disputes tied to a branch/agency, the location of the branch/representative.
Certain categories (such as employment, consumer, insurance) may provide more protective or special jurisdiction bases. In those cases, relying on the special rule can be strategically stronger than relying on general principles.
2) Jurisdiction objection: timing, form, and a critical detail
Except in exclusive jurisdiction scenarios, the defendant must raise a jurisdiction objection in the statement of defense. Moreover, the objecting party should also indicate which court is competent; otherwise, the objection can be considered ineffective.
If the defendant fails to raise the objection properly and on time (and there is no exclusive jurisdiction), the court where the claim was filed may become competent for that case.
From the claimant’s perspective, the practical strategy is twofold: (i) plead jurisdiction in a strong, structured way from the outset, and (ii) if an objection is filed, check the statutory formalities and be prepared to argue that the objection is procedurally defective.
3) Make the “close connection” visible in the file
Courts tend to be persuaded by documented facts, not abstract assertions. To establish a close connection, strengthen your file with:
- Contract negotiation/signature in Turkey, and/or performance in Turkey (delivery point, warehouse, project site),
- Payment trail (a Turkey-based bank account, local payment flow), invoices, waybills, emails and commercial correspondence,
- The harmful event occurring in Turkey, or the damage manifesting in Turkey,
- The defendant having a Turkish branch, representative, distributor network, or operational footprint,
- The defendant having assets in Turkey (highly relevant for enforcement and securing the claim).
This approach directly counters the common defense of “weak connection to Turkey” and makes a jurisdiction objection harder to sustain.
4) Practical strategy: service, security, interim relief/seizure
Service on a foreign defendant can take time. For that reason, include accurate address data, notification clauses in the contract, and—if available—the defendant’s Turkish representative/branch details early in the file.
If the defendant has assets in Turkey, consider interim injunctions or pre-judgment attachment to reduce collection risk during the proceedings. Even while jurisdiction is being debated, depending on the legal characterization of the claim, interim measures may be pursued subject to security.
Finally, always check whether the contract contains a jurisdiction clause or an arbitration agreement. A properly drafted clause can reshape the forum debate, while certain protected areas may restrict parties’ ability to deviate from statutory jurisdiction rules.
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