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An enforcement decision gives the foreign judgment the force of a Turkish court judgment, and you collect on it through judgment-based execution proceedings. Those run through the enforcement office under the Enforcement and Bankruptcy Law (İİK, No. 2004): an execution order is served on the debtor, and if payment is not made the file moves into compulsory execution.At that stage attachment can be applied to the debtor’s bank accounts, immovable property, vehicles, receivables held by third parties and shareholdin…
As a rule, yes. When granting an interim injunction the court requires security to cover any loss the other side or third parties may suffer if the injunction turns out to have been unjustified. That follows from the injunction provisions of the Code of Civil Procedure (No. 6100).The amount is set by the court according to the nature of the claim and the size of the possible loss. Security can be deposited in cash, but in most cases it can also be provided by a bank letter of guarantee, which lets you obtain the i…
As a rule, yes: unlike proceedings before a state court, arbitration hearings and the award are not open to the public. But the confidentiality comes largely from the agreement of the parties and from the rules of the arbitral institution chosen — the ISTAC, ICC and DIS rules all expressly regulate the confidentiality of the proceedings — and the arbitration provisions of the International Arbitration Law (No. 4686) and the Code of Civil Procedure (No. 6100) complete that frame.To strengthen the reach of confident…
Yes. You can pursue a case in Türkiye through a lawyer by granting a power of attorney, without coming to the country at all. A power of attorney executed abroad has to carry an apostille under the Hague Convention and be translated into Turkish. Under the Code of Civil Procedure (No. 6100) a party is represented by their lawyer at most stages, and attending hearings in person is generally not required.Personal attendance may be needed only for the oath, for certain testimony and for acts that are strictly persona…
There is no single figure. It depends on the court’s caseload, on the objections the other side raises, and on how complete your document set is. The most common cause of delay is entirely within your control: the foreign judgment not being submitted from the outset with its proper certification (apostille) and sworn translations.With a well-prepared file — including the certificate that the judgment is final and the proof of service — the process shortens noticeably. Enforcement proceedings are heard under the Ac…
The cost of a case has two parts. Court fees are charged under the Fees Law (No. 492) and, in most types of case, calculated in proportion to the value of the claim, with part payable up front when the action is filed. To that is added the expense advance deposited under Article 120 of the Code of Civil Procedure (No. 6100), which covers the expert, witness, site-inspection and service costs as the case proceeds.The totals move with the value of the claim, the state of the evidence and whether an expert report wil…
Where a matter is genuinely urgent and delay carries real risk, a court can decide an injunction application on the papers, without hearing the other side, on the same day or within a few days. That speed comes from the injunction provisions of the Code of Civil Procedure (HMK, No. 6100), which allow an injunction to be granted on approximate proof of the right rather than on full proof of it.Three things decide whether you get it that fast: a request framed clearly and concretely, a body of evidence that establis…
Yes. You do not need to know the debtor’s current address or what they own before you start. Once proceedings are opened the address is established through MERNİS and the records of the relevant institutions, and under the Enforcement and Bankruptcy Law (No. 2004) bank accounts, vehicles, immovable property, shareholdings and receivables owed by third parties are searched through the UYAP query systems.The asset search is one of the critical steps in turning proceedings into actual collection, and it is done syste…
If you win, the court orders the losing party to pay a counterparty attorney’s fee. It is calculated under the litigation-costs provisions of the Code of Civil Procedure (No. 6100) and according to the Minimum Attorney Fee Tariff, which is updated annually. That figure is independent of what you agreed with your own lawyer and can differ from it. The court fees you paid and the expert and service costs are, as a rule, also collected from the unsuccessful party, and where you win only in part the costs are apportio…
If no agreement is reached the mediator draws up a final minute and the process ends; the parties can then take the dispute to court. Under the Law on Mediation in Civil Disputes (No. 6325), where the dispute is subject to mandatory mediation that minute satisfies the condition of action and is attached to the statement of claim.What is said in the meetings stays there. The information shared and the proposals made are confidential and, as a rule, cannot be used as evidence in the case that follows. What does carr…
Not automatically. Turkish courts have generally accepted that de facto reciprocity exists with Germany, so a German judgment that meets the conditions can be enforced by a Turkish court — but reciprocity is assessed case by case under Article 54 of the Act on Private International and Procedural Law (MÖHUK No. 5718). The judgment must be final, the defendant’s defence rights must have been respected, and it must not be contrary to Turkish public policy.
In cross-border contracts arbitration is often the better choice: a neutral forum, arbitrators who know the subject matter, and an award enforceable in more than 170 countries under the 1958 New York Convention (172 contracting states as at July 2026). In Türkiye arbitration is recognised under the International Arbitration Law (No. 4686) and the Code of Civil Procedure (No. 6100).It is not always the answer. In low-value or high-volume routine matters the cost of arbitration can make it dearer than going to court…
At fairs and exhibitions a competitor can move against your stand and your goods by way of an interim injunction, usually on the strength of a trade mark, patent or design claim — asking for the products to be seized or the display to be stopped. You can prepare from both directions.Preventively, a protective brief can be filed with the court in advance, setting out your position against an injunction application that has not yet been made. The point of it is that when the court comes to decide without hearing the…
Enforcement of a foreign arbitral award in Türkiye runs under the 1958 New York Convention, to which Türkiye is a party; where a case falls outside the Convention, the provisions of the Act on Private International and Procedural Law (MÖHUK, No. 5718) apply instead.The basic conditions are a valid arbitration agreement in writing, respect for the parties’ rights of defence and to equal treatment, an award that has become binding, and content that does not offend Turkish public policy. Two features make this narrow…
A party that fails to attend the first mediation meeting without a valid excuse faces a sanction under Article 18/A of the Law on Mediation in Civil Disputes (No. 6325): even if it goes on to succeed in the case, wholly or in part, it can be held liable for all of the litigation costs, and no attorney’s fee is awarded in its favour. The rule applies in mandatory mediation — where mediation is a condition of bringing the action — and it is what actually brings parties to the table.Their non-attendance also ends the…
An e-attachment is the mechanism that places a garnishment on a debtor’s bank accounts electronically, quickly and simultaneously, once the enforcement proceedings have become final. It rests on the provisions of the Enforcement and Bankruptcy Law (No. 2004) governing the attachment of rights and receivables held by third parties (Article 89), and runs through the integration between UYAP and the banks.What it gives the creditor is reach: it touches accounts at several banks at once, which improves the chance of r…
They are both interim protection, but they serve different kinds of claim. A preliminary attachment secures the collection of a monetary claim — or a claim for security — by seizing the debtor’s assets, and it can be obtained before an action or enforcement proceedings have even been started. It sits in the Enforcement and Bankruptcy Law (İİK, No. 2004).A preliminary injunction applies to everything that is not a money claim: prohibiting the transfer of an asset, suspending its use, preventing a right from being e…
The choice turns on the size of the dispute, the countries the parties are in, the language of the contract and what you expect it to cost. The ICC offers global recognition and a deep body of practice. The DIS has a practical advantage in relationships with a German connection, in language and in legal culture. ISTAC can suit disputes centred on Türkiye, for proximity, language and cost.Awards from all three are enforceable under the International Arbitration Law (No. 4686) and the New York Convention, so enforce…
Recognition gives a foreign judgment the force of a final judgment and of conclusive evidence in Türkiye. Enforcement does that and adds one thing more: it makes the judgment capable of being executed here by compulsion.In practice the choice follows from what you need to happen. If money has to be collected, property delivered or an obligation performed against the other side’s will, enforcement is the only route. If it is enough that a legal position is accepted in Türkiye — a divorce, a parentage, a status — re…
Two steps decide whether the injunction survives, and both run on short clocks. First, implementation: if you do not ask for the order to be carried out within one week of the date it was granted, the injunction lapses of its own accord.Second, where the injunction was obtained before proceedings were started, the main action has to be filed within two weeks of implementation — otherwise, again, it lapses automatically. Both periods and the procedure sit in the Code of Civil Procedure (No. 6100). Implementation ru…
The document in your hand decides both the type of proceedings and how fast they move. An invoice, a current-account statement or a contract supports proceedings without a judgment. A negotiable instrument — a cheque, a bond or a bill of exchange — opens the faster route under Article 167 of the Enforcement and Bankruptcy Law (No. 2004). A court judgment, or a document treated as one, supports judgment-based proceedings.Negotiable instruments are quicker precisely because they narrow the debtor’s scope to object.…
What you bring to the table determines your bargaining position more directly than how you argue at it. The documents that usually matter are the contracts, the order and delivery records, the invoices, the email and message correspondence, the payment receipts and the current-account statements. Anything showing the amount of the claim, that it has fallen due, and that the other side has acknowledged it is what makes your proposal credible.You can put those documents on the table safely: mediation is conducted co…
In Türkiye, for a significant portion of commercial debt and compensation lawsuits, applying to a mediator before filing suit is a mandatory precondition for litigation.
The choice should be based on the value of the dispute, the need for confidentiality, speed, the counterparty's position, enforceability, and the dispute resolution clause in the contract.
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