Introduction
The litigation process in Turkey follows a civil law tradition influenced by continental European legal systems. For foreign individuals and international companies doing business in Turkey, understanding how Turkish courts operate is essential for risk management and dispute resolution planning.
Foreign parties often face challenges related to jurisdiction, language barriers, procedural formalities, security for costs, and enforcement. Unlike common law systems, Turkish civil procedure is heavily document-based and judge-led. Strict deadlines and formal rules apply.
This article explains the litigation process in Turkey in a structured and practical manner, focusing on what foreign plaintiffs and defendants should know before initiating or defending a lawsuit.
1. Structure of the Turkish Court System
The Turkish judicial system consists of:
A. Courts of First Instance
- Civil Courts of First Instance
- Commercial Courts
- Labor Courts
- Consumer Courts
- Civil Courts of Peace
B. Regional Courts of Appeal (İstinaf)
They review both facts and law.
C. Court of Cassation (Yargıtay)
Reviews legal interpretation only.
For foreigners, commercial disputes are usually heard before Commercial Courts of First Instance.
2. Jurisdiction Rules
Jurisdiction in the litigation process in Turkey is determined by:
- Defendant’s domicile
- Place of performance of contract
- Location of immovable property (for real estate disputes)
Foreign defendants may be sued in Turkey if:
- Dispute is connected to Turkey
- Contract designates Turkish courts
- Turkish jurisdiction is mandatory
Choice of court clauses are generally enforceable unless contrary to public policy.
3. Language and Representation
Proceedings are conducted entirely in Turkish.
Foreign parties must:
- Appoint a Turkish attorney
- Provide notarized and apostilled power of attorney
- Translate foreign documents into Turkish
Failure to comply may delay proceedings.
4. Security for Costs (Teminat)
Foreign plaintiffs without residence in Turkey may be required to deposit security for costs unless:
- Reciprocity exists
- International treaty provides exemption
This protects defendants from non-recoverable litigation costs.
5. Stages of Civil Litigation
The litigation process in Turkey typically includes:
1️⃣ Filing of Lawsuit Petition
Plaintiff files written petition stating claims and evidence.
2️⃣ Exchange of Pleadings
Defendant files response.
Plaintiff may reply.
Final rejoinder may follow.
3️⃣ Preliminary Examination Hearing
Court reviews procedural issues and encourages settlement.
4️⃣ Evidentiary Stage
Witnesses heard, experts appointed, documents examined.
5️⃣ Oral Hearing and Judgment
Court issues written decision with reasoning.
Proceedings are document-heavy and judge-driven.
6. Evidence System
Turkish procedure relies heavily on:
- Written documents
- Expert reports
- Official records
- Witness testimony (secondary importance in commercial disputes)
Expert reports are particularly influential in technical cases.
7. Duration of Litigation
The litigation process in Turkey may take:
- 12–24 months at first instance
- Additional 12–18 months at appeal stage
Complex commercial disputes may last longer.
Judicial workload and expert report delays affect timeline.
8. Interim Measures
Foreign parties may request:
- Preliminary injunction (ihtiyati tedbir)
- Attachment (ihtiyati haciz)
These measures secure claims before final judgment.
Courts may require financial guarantee to grant interim relief.
9. Appeals Process
After first instance judgment:
- Appeal to Regional Court within 2 weeks
- Further appeal to Court of Cassation (if conditions met)
Appeal suspends enforcement in many cases.
Final decision becomes binding once appeal exhausted.
10. Litigation Costs
Costs include:
- Court fees (proportional in monetary claims)
- Expert fees
- Attorney fees
- Translation expenses
Losing party typically bears litigation costs.
Attorney fees are partly recoverable under statutory tariff.
11. Enforcement of Turkish Judgments
Once final, judgments are enforced through:
- Enforcement offices (İcra Daireleri)
- Asset seizure
- Bank account attachment
- Property auction
If debtor has no assets, enforcement may be difficult.
12. Risks for Foreign Parties
Foreign litigants must consider:
- Length of proceedings
- Currency fluctuations
- Translation costs
- Enforcement challenges
- Cultural and procedural differences
Strategic litigation planning is essential.
13. Commercial Litigation vs Arbitration
Many foreign investors prefer arbitration due to:
- Confidentiality
- Speed
- International enforceability
However, Turkish commercial courts are specialized and experienced in business disputes.
Choice depends on contract design and strategic goals.
14. Practical Recommendations
Before initiating litigation in Turkey:
- Conduct jurisdiction analysis
- Evaluate enforcement feasibility
- Estimate costs and duration
- Consider mediation requirement
- Review alternative dispute resolution options
Litigation should be a calculated decision, not emotional reaction.
Conclusion
The litigation process in Turkey is structured, formal, and document-based. While it provides strong legal protection and appellate review, it may involve significant time and procedural complexity.
For foreign individuals and companies, understanding jurisdiction rules, procedural stages, security requirements, and enforcement mechanisms is critical for effective dispute resolution strategy.
Careful legal planning, experienced local counsel, and realistic timeline expectations are key to navigating Turkish litigation successfully.
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