Foreign companies participating in Turkish business litigation — whether as claimants pursuing Turkish counterparties or as defendants in Turkish-court proceedings — face a specific set of procedural, evidentiary, and strategic challenges that differ materially from litigation in their home jurisdictions and that require direct knowledge of how Turkish courts, enforcement offices, and private international law rules actually operate in practice. The legal framework governing foreign company participation in Turkish civil and commercial proceedings includes: the Civil Procedure Law (Hukuk Muhakemeleri Kanunu, HMK, Law No. 6100), which establishes the Turkish court's jurisdiction over the dispute, the procedural requirements for filing and responding to claims, and the evidence standards that Turkish commercial courts apply; the Private International Law and International Civil Procedure Law (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun, MÖHUK, Law No. 5718), which determines what law applies to the dispute and how Turkish courts will handle claims involving foreign elements; the mandatory commercial mediation requirement under the Commercial Mediation Law (Law No. 6325), which makes mediation a mandatory condition precedent to filing commercial monetary claims in Turkish courts; and the enforcement and recognition framework (tenfiz) for foreign judgments and arbitral awards, which determines whether a foreign court or arbitral decision can be executed against assets in Turkey. This guide explains each of these frameworks and how foreign companies can navigate Turkish litigation effectively. Practice may vary by authority and year — verify current HMK, MÖHUK, and Turkish commercial court practice directly before relying on any information in this guide.
Foreign company standing and jurisdiction in Turkish civil proceedings
A lawyer in Turkey advising foreign companies on Turkish litigation standing must explain that foreign legal entities — companies incorporated abroad that have not established a Turkish subsidiary or branch — have full standing (dava ehliyeti) to sue and be sued in Turkish civil and commercial courts, provided they satisfy the applicable Turkish jurisdiction rules and the procedural requirements for non-resident parties. Turkey is a party to the 1954 and 1965 Hague Conventions on Civil Procedure, and under these conventions, foreign nationals and companies receive treatment equivalent to Turkish citizens in Turkish civil proceedings — without being required to post a security deposit (teminat) for litigation costs as a condition of filing, where reciprocity applies between Turkey and the company's home state. However, the foreign company must still satisfy Turkish jurisdiction rules to have the Turkish court accept the case. Practice may vary by authority and year — verify current Turkish reciprocity determinations and the specific standing requirements applicable to the foreign company's home jurisdiction before any Turkish litigation filing.
An Istanbul Law Firm advising on Turkish jurisdiction over foreign companies must explain that Turkish courts have jurisdiction over disputes involving foreign companies under HMK Articles 1-19 and MÖHUK Articles 40-46 based on several connecting factors. The primary jurisdiction ground for claims against a foreign corporate defendant is the defendant's domicile or habitual residence — for a foreign company, this typically means Turkey-based jurisdiction only exists where the foreign company has a registered Turkish branch, a Turkish business address, or assets in Turkey that are directly connected to the dispute. Where the foreign company has no Turkish presence, the Turkish court's jurisdiction over the dispute depends on one of the alternative grounds: the location of assets within Turkey (for property-related claims); the place of contract performance within Turkey; the location of the harmful act for tort claims; or an explicit choice-of-forum clause in the parties' contract designating a Turkish court. A foreign company that has agreed to a Turkish jurisdiction clause in a commercial contract has consented to Turkish court jurisdiction for disputes arising from that contract — and that consent is generally effective even if the foreign company has no other Turkish connection. Practice may vary — verify current MÖHUK jurisdiction provisions and the specific jurisdiction grounds applicable to the type of claim before any Turkish jurisdiction challenge or acceptance decision.
An English speaking lawyer in Turkey advising on service of process on foreign defendants must explain that serving process on a foreign corporate defendant is a critical and frequently time-consuming step in Turkish litigation — and delays in service can significantly extend the overall dispute timeline. Turkey is a party to the 1965 Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents, which provides the primary framework for serving Turkish court documents on defendants in Hague Convention signatory states. Service under the Hague Service Convention requires the Turkish court to transmit the documents to the Central Authority of the foreign country, which then effects service according to the foreign country's domestic methods. This process typically takes 3-6 months for signatory countries and longer for non-signatory countries where diplomatic channels must be used. For defendants in countries where direct judicial service is not available through treaty channels, Turkish courts can order service by announcement (ilanen tebligat) under certain circumstances — but this procedure has specific procedural requirements and potential due process implications for later enforcement. A foreign company anticipating Turkish litigation — whether as claimant or defendant — should specifically plan for the service timing implications in their litigation timeline. Practice may vary — verify current Hague Service Convention implementation standards and Turkish court service-abroad procedures applicable to the specific defendant's country before any Turkish litigation timeline planning. Practice may vary — check current guidance before acting on any information on this page.
MÖHUK — private international law and applicable law for international commercial disputes
A Turkish Law Firm advising on applicable law analysis for international commercial disputes must explain that the Private International Law (MÖHUK, Law No. 5718) governs which country's substantive law applies to the disputed commercial relationship — a determination that can fundamentally affect the outcome, because Turkish contract law, foreign contract law, and international conventions (such as CISG) may treat the same dispute differently on liability, breach, and remedies. MÖHUK's general approach to commercial contract disputes (Article 24) is party autonomy first — the parties' choice of governing law in the contract is generally respected, provided the choice does not result in evasion of mandatory Turkish public policy provisions or foreign mandatory law. Where the parties have not chosen a governing law, MÖHUK applies the law of the country most closely connected to the contract — for sale of goods contracts, typically the seller's country; for service contracts, the service provider's country; and for other contracts, the country of the characteristic performance. Identifying the applicable law is the first substantive analysis step in any cross-border dispute, because it determines what standard of liability, what limitation period, and what remedies apply. Practice may vary by authority and year — verify current MÖHUK applicable law determination methodology and the specific connecting factors applicable to the dispute type before any international commercial dispute applicable law analysis.
An Istanbul Law Firm advising on mandatory Turkish public policy limitations must explain that even where parties have validly chosen a foreign governing law, Turkish courts will apply Turkish mandatory law (emredici hükümler) over the chosen foreign law where the Turkish mandatory provisions would have applied regardless of the choice of law — and they will refuse to apply foreign law provisions that violate Turkish public policy (kamu düzeni). The scope of what constitutes mandatory Turkish law in commercial disputes includes: Turkish consumer protection provisions (TKHK) that protect Turkish consumers regardless of choice of law; Turkish competition law (Law No. 4054) for conduct occurring in Turkey; Turkish labor law mandatory provisions where the employment is performed in Turkey; and specific sector regulatory requirements. The public policy exception is narrower — Turkish courts generally apply validly chosen foreign law even if it differs from Turkish law, and they invoke the public policy exception only where application of the foreign law would produce a result that is fundamentally incompatible with the essential values of the Turkish legal order. For foreign companies, the practical implication is that a choice of foreign law in a commercial contract will generally be respected in Turkish court proceedings — but specific Turkish mandatory provisions may still apply to specific aspects of the relationship. Practice may vary — verify current Turkish court public policy exception standards and the specific mandatory Turkish law provisions applicable to the commercial relationship before any governing law choice in an international commercial contract involving Turkey.
A lawyer in Turkey advising on the presentation of foreign law in Turkish proceedings must explain that where Turkish courts must apply foreign law to a dispute (either because the parties chose foreign law or because MÖHUK's connecting factors point to foreign law), the foreign law is treated as a fact that must be proven by the parties — not as law that the Turkish court knows ex officio. The party relying on foreign law must produce evidence of the foreign law's content — typically through certified copies of foreign statutes with Turkish translations, foreign court decisions applying the relevant provisions, or expert opinions from qualified lawyers admitted in the foreign jurisdiction explaining the foreign law's relevant provisions. A party that relies on foreign law but fails to adequately prove its content risks having the court apply Turkish law instead (as the lex fori default), regardless of the parties' governing law choice. For foreign companies litigating in Turkey under a foreign law clause, the practical requirement is to prepare the foreign law evidence package — certified translations of the applicable provisions, expert opinion on their application to the facts — as part of the initial litigation preparation rather than as a later addition. Practice may vary — verify current Turkish commercial court foreign law proof requirements and the specific expert opinion format accepted by the relevant court before any foreign law presentation in Turkish proceedings. Practice may vary — check current guidance before acting on any information on this page.
Mandatory commercial mediation — the prerequisite to Turkish commercial litigation
An English speaking lawyer in Turkey advising on mandatory commercial mediation must explain that since 2018, Turkish law has required mandatory commercial mediation (zorunlu ticari arabuluculuk) as a condition precedent to filing certain types of commercial lawsuits in Turkish commercial courts — and a commercial lawsuit for monetary claims filed without first completing the mandatory mediation phase is dismissed procedurally (dava şartı yokluğundan red), requiring the claimant to begin again after completing mediation. The mandatory mediation requirement applies to monetary commercial claims arising from commercial transactions between merchants — which encompasses virtually all commercial disputes between business entities about payment obligations, damages, contractual penalties, and similar monetary claims. The mandatory mediation process is initiated by filing an application with a certified commercial mediator listed in the government mediator registry, and the process is conducted in Turkish (foreign parties can use interpreters, and mediators can accommodate bilingual proceedings). The standard duration is three weeks from the first meeting — extendable by the parties' mutual agreement — and if mediation does not result in a settlement, the mediator issues a non-settlement record (anlaşamama tutanağı) that the claimant must attach to the subsequent court filing. Practice may vary by authority and year — verify current mandatory commercial mediation scope and the specific dispute categories subject to mandatory mediation before any Turkish commercial dispute filing strategy.
A Turkish Law Firm advising on the strategic value of mandatory commercial mediation must explain that for foreign companies, mandatory mediation represents both an administrative hurdle and a genuine opportunity — and understanding how to use the mediation phase strategically can significantly affect the subsequent litigation if mediation fails. During the mediation phase, the parties exchange their initial factual narratives and key documentary evidence with each other and with the mediator — creating the first formal record of each party's position. A foreign company that enters mediation with a well-organized, documented position — supported by contracts, invoices, delivery records, communications, and a clear legal theory — creates a stronger foundation for the subsequent litigation than a party that approaches mediation informally. The mediation phase also provides the first look at the Turkish counterparty's defense theory and documentary evidence, which can inform the litigation strategy. Settlement terms reached during mediation can be drafted as a mediation agreement (anlaşma belgesi) that, upon court approval, has the force of a judgment — enforceable through the Turkish enforcement system without further litigation. Practice may vary — verify current mandatory mediation procedural requirements and the specific mediation agreement enforcement procedure before any commercial mediation strategy design for Turkish proceedings involving foreign companies.
An Istanbul Law Firm advising on the mandatory mediation procedural requirements for foreign parties must explain that foreign companies participating in Turkish mandatory commercial mediation face specific practical considerations that require planning before the mediation is initiated. The mediation proceedings are conducted in Turkish — but a Turkish court-certified interpreter can be present at sessions, and bilingual mediation documentation can be prepared to ensure foreign executives understand the proceedings and can make informed settlement decisions. The foreign company's representative in mediation must have specific authority to settle — typically documented through a power of attorney (vekaletname) or corporate resolution that authorizes the signing of settlement agreements within defined parameters. The mediator's neutrality is protected by the Mediation Law's confidentiality provisions — information and documents produced during mediation generally cannot be used in subsequent litigation if mediation fails — which means that the mediation phase creates a protected negotiation space that parties can use to explore settlement options without prejudicing their litigation positions. Practice may vary — verify current mediation confidentiality standards and the specific power of attorney requirements for foreign company representatives in Turkish mandatory commercial mediation before any mediation engagement. Practice may vary — check current guidance before acting on any information on this page.
Filing and prosecuting commercial claims in Turkish courts
A lawyer in Turkey advising on Turkish commercial court filing must explain that commercial disputes in Turkey are litigated before specialized commercial courts of first instance (asliye ticaret mahkemesi) — established in major Turkish commercial centers — or before general civil courts with commercial jurisdiction in regions without dedicated commercial courts. The Turkish commercial litigation process under HMK is a written-pleading-led system where: the claimant files an initial petition (dava dilekçesi) that must include all factual allegations, all legal arguments, and all evidence the claimant intends to rely upon; the defendant files a written response (cevap dilekçesi) within two weeks; both parties may file additional written submissions (replication and replication-response) within defined deadlines; and the court then enters the substantive evidence and hearing phase (tahkikat). Turkish commercial courts rely heavily on documentary evidence — contracts, invoices, delivery records, commercial correspondence, and bank records are the foundational evidence for most commercial claims — and the weight given to oral witness testimony is generally lower than in common law jurisdictions. The court also typically appoints bilirkişi (court-appointed experts) for technical financial, accounting, or industry-specific issues. Practice may vary by authority and year — verify current HMK commercial litigation procedural requirements and the specific deadline calculation rules applicable to the relevant commercial court before any Turkish commercial lawsuit filing.
An Istanbul Law Firm advising on evidence requirements for foreign company claims must explain that evidence presented by foreign companies in Turkish commercial courts must satisfy specific authentication and translation requirements that go beyond what is required for Turkish-party evidence. The core requirements include: all foreign-language documents must be accompanied by certified Turkish translations (yeminli tercüman tarafından yapılan çeviri) — a translation produced by a certified sworn translator, not merely a bilingual employee or an informal translation; foreign corporate resolutions, powers of attorney, and authority documents must be apostilled if issued in a Hague Apostille Convention signatory country, or consularly legalized if issued in a non-signatory country; foreign public documents (court records, company registry certificates, official correspondence) require apostille or legalization before they are accepted by Turkish courts; and the chain of custody for physical evidence must be maintained and documented. A foreign company that prepares its evidence package without satisfying these authentication requirements risks having key evidence excluded or discounted — particularly in the initial pleading phase where failing to submit required evidence in the initial petition can limit the ability to submit it later. Practice may vary — verify current Turkish commercial court evidence authentication requirements and the specific sworn translation certification format required before any Turkish commercial litigation evidence preparation for a foreign company.
An English speaking lawyer in Turkey advising on the bilirkişi system in Turkish commercial litigation must explain that court-appointed experts (bilirkişi) are a central feature of Turkish commercial litigation — particularly for disputes involving financial calculations, accounting issues, construction defects, technical standards, and industry-specific matters — and foreign companies must understand how the bilirkişi system works and how to engage with it effectively. Turkish commercial courts routinely appoint bilirkişi panels when the case involves technical issues beyond the court's direct competence — and the bilirkişi report (bilirkişi raporu) typically becomes the primary factual basis for the court's determination of technical facts, even though the court is not formally bound to follow it. The key strategic considerations for foreign companies are: (1) the bilirkişi mandate (görev senet) defines the specific questions the expert is asked to answer — and parties can influence these questions by making specific requests in their pleadings; (2) the bilirkişi's preliminary report can be challenged through written objections (itiraz) that identify specific methodological defects; (3) parties can request the appointment of additional experts or supplemental reports where the initial report has material gaps; and (4) parties' own experts can produce reports submitted as private expert opinions (özel bilirkişi raporu) alongside the court-appointed expert's report. Practice may vary — verify current Turkish commercial court bilirkişi appointment and challenge procedures at the specific court before any bilirkişi engagement strategy. Practice may vary — check current guidance before acting on any information on this page.
Interim measures — protecting assets and evidence during Turkish litigation
A Turkish Law Firm advising on interim measures for foreign company claimants must explain that Turkish civil procedure provides two primary interim measure mechanisms that allow foreign company claimants to protect their position before a final judgment — and both can be obtained before or during the main proceedings with varying degrees of urgency and procedural requirements. The ihtiyati haciz (provisional attachment) under İİK Articles 257-268 allows a creditor with a monetary claim to freeze the debtor's assets — bank accounts, real estate, receivables, vehicles, and other attachable assets — before obtaining a final judgment, on the ground that the debtor has no domicile in Turkey, is about to flee, or has shown signs of concealing or transferring assets to defeat the claim. A foreign company with a Turkish debtor who holds Turkish assets can apply for ihtiyati haciz without prior notice to the debtor (ex parte) where urgency justifies it — enabling the attachment to be implemented before the debtor has an opportunity to transfer assets. The applicant must typically provide security (teminat) equivalent to the creditor's estimated damages if the ihtiyati haciz is later found to have been unjustified. Practice may vary by authority and year — verify current İİK provisional attachment jurisdiction and teminat calculation standards before any Turkish interim measure application for a foreign company claimant.
An Istanbul Law Firm advising on ihtiyati tedbir (provisional injunction) for foreign companies must explain that the provisional injunction mechanism under HMK Articles 389-399 is the primary interim tool for non-monetary relief — and it can be used for a wide range of commercial protection purposes including: prohibiting a Turkish counterparty from transferring specific intellectual property or commercial rights during the dispute; preventing the completion of a commercial transaction that would alter the status quo in a manner harmful to the claimant; requiring the preservation of specific evidence (physical goods, commercial records, digital data) that might otherwise be destroyed; and in appropriate cases, granting positive mandatory injunctive relief requiring specific conduct. Like ihtiyati haciz, the ihtiyati tedbir can be obtained ex parte in urgent cases — and the applicant must typically provide security for the respondent's damages if the injunction is later found to have been unjustified. A particularly important interim measure for foreign companies is the evidence preservation order (delil tespiti) under HMK Article 400, which allows a party to obtain a court-ordered inspection and documentation of physical goods or evidence before they deteriorate or are destroyed. Practice may vary — verify current HMK provisional injunction application requirements and the specific evidence preservation order procedures at the relevant court before any interim measure design for foreign company litigation.
An English speaking lawyer in Turkey advising on the coordination of Turkish interim measures with foreign proceedings must explain that foreign companies facing simultaneous proceedings in multiple jurisdictions — where the Turkish commercial dispute is connected to proceedings in foreign courts or arbitral tribunals — must carefully coordinate the interim measures they seek in each jurisdiction to avoid inconsistencies that could undermine their overall position. A Turkish ihtiyati haciz or ihtiyati tedbir is a Turkish court order that applies only to assets and conduct within Turkey's territory — it does not automatically bind foreign courts or foreign persons outside Turkey. Conversely, a foreign interim order (a US court TRO, a UK interim injunction, or an arbitral tribunal's emergency measures order) does not automatically bind the Turkish enforcement system and must go through recognition proceedings to be enforced in Turkey. For foreign companies that have both Turkish assets and foreign assets at stake in a commercial dispute, the interim measure strategy must include separate applications in each relevant jurisdiction — coordinated to ensure consistent legal positions and to avoid simultaneous asset freezes that together exceed the claimed amount. Practice may vary — verify current Turkish recognition procedures for foreign interim orders and the specific coordination protocols applicable to the foreign proceedings before any multi-jurisdiction interim measure strategy. Practice may vary — check current guidance before acting on any information on this page.
Contractual disputes — governing law application and Turkish breach remedies
A Turkish Law Firm advising on contractual dispute strategy for foreign companies must explain that the specific breach remedies available — and the evidence required to establish entitlement to each remedy — depend on which law governs the contract, because different legal systems offer different remedy hierarchies for commercial breach. Where Turkish law governs (either by choice or as the MÖHUK default), the TBK's remedy framework applies: the primary remedy for breach is specific performance (aynen ifa) rather than damages — Turkish courts can order a breaching party to perform its contractual obligation as agreed, rather than simply paying damages in lieu of performance. This is significantly different from the common law damages-first approach and may be more effective for foreign companies seeking delivery of contracted goods or services rather than monetary compensation. Where the UN Convention on Contracts for the International Sale of Goods (CISG) applies — which is the case for sale of goods contracts between parties in CISG signatory countries where neither party has validly excluded CISG — the CISG's specific breach remedies and notice requirements (particularly the Article 39 defect notification obligation) apply rather than Turkish domestic law provisions. Practice may vary by authority and year — verify current Turkish commercial court CISG application standards and the specific TBK breach remedy requirements applicable to the contract type before any breach claim strategy design.
An Istanbul Law Firm advising on evidence preparation for breach of contract claims must explain that Turkish commercial courts assess breach of contract claims primarily through documentary evidence — and the quality and completeness of the documentary record is typically the determinative factor in the outcome. The documentary evidence package for a typical commercial breach claim should include: the contract and all amendments (authenticated and translated if in a foreign language); the specific delivery, acceptance, or performance records that establish what was required and what was provided; the contemporaneous commercial communications (emails, letters, notices) that show the parties' understanding of their obligations and any disputes that arose; the specific notices of breach, cure demands, and responses that are required by the contract or by applicable law; and the financial documentation (invoices, payment records, accounting statements) that quantify the claimed loss. A particularly important procedural requirement in Turkish commercial litigation is that certain claims require specific advance notice — for example, defect claims under TBK may require notification within prescribed periods, and failure to provide timely notice can defeat the claim even where the defect is established. Practice may vary — verify current Turkish commercial court documentary evidence adequacy standards and the specific notice requirements applicable to the type of breach claimed before any breach of contract claim preparation.
A lawyer in Turkey advising on counterclaims and set-off in Turkish commercial litigation must explain that Turkish commercial litigation frequently involves counterclaims (karşı dava) and set-off defenses (takas ve mahsup) by Turkish defendants — particularly in international commercial disputes where the Turkish party has its own grievances about the foreign company's performance. A Turkish defendant can file a counterclaim in the same proceedings as the main claim, and the counterclaim is adjudicated simultaneously with the main claim if it arises from the same legal relationship or is sufficiently connected to warrant consolidation. A set-off defense allows the defendant to reduce the amount of any judgment against them by the amount of a valid countervailing claim — without necessarily filing a formal counterclaim — if the requirements for set-off under TBK Articles 139-150 are met (both claims must be of the same type, due, and the party invoking set-off must have made a set-off declaration). Foreign companies that are Turkish defendants must assess whether Turkish counterparties have valid counterclaims or set-off positions — and factor these into the overall dispute economics — before making litigation decisions. Practice may vary — verify current Turkish commercial court counterclaim consolidation standards and the specific set-off requirements applicable to the dispute type before any litigation strategy that includes responding to counterclaims. Practice may vary — check current guidance before acting on any information on this page.
Recognition and enforcement of foreign judgments and arbitral awards in Turkey
An English speaking lawyer in Turkey advising on foreign judgment enforcement must explain that a foreign court judgment — whether a US federal court judgment, a UK High Court judgment, a German commercial court judgment, or any other foreign court decision — does not automatically become enforceable in Turkey. To execute a foreign court judgment against assets in Turkey, the foreign judgment holder must first obtain a Turkish recognition and enforcement decision (tenfiz kararı) through proceedings before the Turkish civil courts under MÖHUK Articles 50-59. The tenfiz proceeding is a separate Turkish civil lawsuit in which the foreign judgment is the primary documentary evidence — and the Turkish court assesses whether the specific conditions for recognition under MÖHUK Article 54 are satisfied: the foreign court had jurisdiction under MÖHUK's conflict of jurisdiction principles; the foreign judgment is final (kesinleşmiş) and enforceable in the originating jurisdiction; the defendant had proper opportunity to present their defense; the judgment does not violate Turkish public policy; and there is no conflicting Turkish court decision or pending Turkish proceeding on the same subject matter. Practice may vary by authority and year — verify current MÖHUK tenfiz requirement standards and the specific documentation required for foreign court judgments from the specific originating country before any Turkish enforcement proceeding.
A Turkish Law Firm advising on foreign arbitral award enforcement must explain that the recognition and enforcement of foreign arbitral awards in Turkey is governed by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (to which Turkey has been a signatory since 1991, with both the commercial reservation and the reciprocity reservation), supplemented by the Turkish International Arbitration Law (Law No. 4686). The New York Convention's grounds for refusing recognition and enforcement are narrow — they are limited to: lack of valid arbitration agreement; denial of due process to the opposing party; the award goes beyond the scope of the arbitration agreement; the arbitral tribunal was not properly constituted; the award is not final; recognition violates Turkish public policy; or the subject matter of the dispute is not arbitrable under Turkish law. Turkey's commercial reservation means that the Convention applies only to differences arising from legal relationships that are considered commercial under Turkish law — which covers virtually all standard business disputes. The tenfiz proceeding for a New York Convention award typically takes 3-6 months for an uncontested application before Turkish courts. Practice may vary — verify current Turkish New York Convention recognition standards and the specific documentation required for awards from the specific arbitral institution and seat before any Turkish arbitral award enforcement proceeding.
An Istanbul Law Firm advising on the asset discovery and enforcement mechanics post-recognition must explain that obtaining a Turkish recognition decision for a foreign judgment or arbitral award is only the first step — executing that decision against Turkish assets requires a separate İİK enforcement proceeding that follows the same mechanics as domestic judgment enforcement. After the tenfiz decision becomes final, the judgment holder files an enforcement application (icra takibi) with the local enforcement office (icra müdürlüğü) in the jurisdiction where the debtor's assets are located, and the enforcement office issues a payment demand (ödeme emri) to the debtor with a payment period. If the debtor does not pay, the enforcement office proceeds to attach and liquidate specific assets — which requires identifying where the debtor's assets are located, which banks hold accounts, which real estate is registered in the debtor's name, and which receivables are owed to the debtor. Asset discovery through the Turkish court system (through İİK's asset inquiry mechanisms and e-Devlet data access) is the practical prerequisite for effective execution — and foreign companies should begin asset identification during the tenfiz proceeding rather than after it concludes. Practice may vary — verify current Turkish enforcement office procedures and the specific asset discovery mechanisms available through İİK before any post-recognition enforcement strategy. Practice may vary — check current guidance before acting on any information on this page.
Appeals, case management, and the Turkish commercial court timeline
A lawyer in Turkey advising on Turkish commercial court timelines must explain that realistic timeline expectations for Turkish commercial litigation are essential for planning — because the Turkish court system's procedural timeline differs materially from what foreign executives accustomed to other jurisdictions might expect. A typical first-instance commercial case in Istanbul's commercial courts follows this approximate sequence: initial filing and service (2-6 months, including service abroad where applicable); written pleadings exchange (2-3 months); preliminary hearing (ön inceleme duruşması) within 2 months of the pleadings exchange; substantive evidence and hearing phase (tahkikat) that typically lasts 6-18 months depending on complexity, including the bilirkişi appointment and report process; first-instance judgment. Total first-instance timeline: typically 18-36 months for commercial cases of moderate complexity in Istanbul, with longer timelines for highly complex cases. Appeals to the Regional Court of Appeals (Bölge Adliye Mahkemesi, BAM) add 6-18 additional months; further cassation appeals to the Court of Cassation (Yargıtay) add additional time. Practice may vary by authority and year — verify current Istanbul commercial court queue status and realistic timeline estimates applicable to the specific case complexity before any Turkish litigation timeline planning for a foreign company client.
An Istanbul Law Firm advising on the appeals process must explain that Turkish commercial litigation decisions can be appealed through two levels: the Regional Court of Appeals (Bölge Adliye Mahkemesi, BAM) and the Court of Cassation (Yargıtay). The BAM — established in 2016 as an intermediate appellate court — conducts a full merits review of first-instance commercial decisions, reviewing both factual findings and legal conclusions. A BAM appeal (istinaf) must be filed within two weeks of the first-instance judgment's service. The Court of Cassation (Yargıtay) — the highest ordinary court in Turkey — reviews legal questions (hukuki denetim) rather than re-examining facts, and is available only after the BAM decision if the case value exceeds a statutory monetary threshold or if the case involves a question of legal principle. The Yargıtay review is typically limited to: whether the court correctly applied the relevant legal provisions; whether the evidence assessment was procedurally proper; and whether mandatory procedural requirements were satisfied. For foreign companies, the multi-level appeals system is a double-edged consideration: it provides meaningful review of legal errors but also creates the possibility that a dispute will remain unresolved for 4-7 years in contested cases that go to Yargıtay. Practice may vary — verify current BAM and Yargıtay appeal filing deadlines and the specific monetary thresholds for Yargıtay access applicable to the case value and subject matter before any Turkish appeals strategy.
An English speaking lawyer in Turkey advising on case management for foreign company clients must explain that effective case management in Turkish commercial litigation for foreign company clients requires more than legal representation in the Turkish courts — it requires a systematic communication and decision support structure that keeps the foreign client's decision-makers informed at each critical juncture with the specific information they need to approve litigation decisions, authorize expenditures, and assess the evolving risk-return profile of the litigation. The specific communication infrastructure for Turkish litigation serving foreign clients should include: English-language case status reports at defined intervals (typically monthly for ongoing matters and immediately for significant procedural events); English-language summaries of key court orders, expert reports, and hearing outcomes translated in terms of their practical implications rather than their procedural technicalities; advance notice of upcoming decision points (hearings, expert appointment deadlines, appeal filing deadlines) with a defined time for the client to provide instructions; and clear explanation of the financial exposure and expected timeline impact of each major case development. A foreign client that receives inadequate case communication typically makes worse litigation decisions — because they are acting on incomplete information about their Turkish proceedings — than a client that receives systematic, plain-language updates. Practice may vary — verify current Turkish court procedural calendar standards and the specific hearing notification requirements applicable to foreign party cases before any case management system design for Turkish litigation. Practice may vary — check current guidance before acting on any information on this page.
Corporate dispute types — shareholder conflicts, director liability, and M&A disputes
A Turkish Law Firm advising on shareholder disputes in Turkish companies involving foreign shareholders must explain that shareholder disputes in Turkish AŞ and Ltd. Şti. companies involving foreign shareholders — whether about general assembly decisions, dividend distribution, related-party transactions, or management control — are litigated primarily before the commercial courts under the TTK's specific shareholder dispute provisions. The most common shareholder dispute types include: general assembly annulment actions (TTK Article 445 — genel kurul kararlarının iptali) challenging the validity of shareholder resolutions on grounds of procedural irregularity, lack of required majority, conflict with the articles of association, or breach of fiduciary duty; derivative actions under TTK Article 553 for directors' breach of fiduciary duty; minority shareholder protection claims; and dissolution actions (TTK Article 531) where management has reached a deadlock or where just cause exists for dissolution. For foreign shareholders in Turkish companies, the specific rights available depend on: whether the foreign shareholder holds shares in an AŞ (governed by TTK's mandatory shareholder protection provisions) or a Ltd. Şti. (with different governance rules); the shareholding percentage (with different rights attaching to 10%, 20%, and higher thresholds); and whether the shareholder agreement supplements TTK rights with additional contractual protections. Practice may vary by authority and year — verify current TTK shareholder dispute procedural requirements and the specific statutory rights available to the foreign shareholder's shareholding percentage before any shareholder dispute strategy design.
An Istanbul Law Firm advising on M&A disputes involving foreign companies must explain that disputes arising from Turkish M&A transactions — including breach of representations and warranties under share purchase agreements, post-closing price adjustment disputes, indemnification claims, and non-compete breaches — are subject to both Turkish law remedies and any dispute resolution mechanism agreed in the transaction documents. Turkish law warranty and indemnity claims under TBK's general breach provisions interact with the specific contractual warranty regime in the SPA — and the interaction requires specific legal analysis because Turkish courts apply mandatory TBK provisions (including the defect notice requirements and limitation periods) alongside the contractual terms. M&A disputes frequently involve complex accounting and financial analysis for which bilirkişi are routinely appointed — and preparing an effective bilirkişi mandate that asks the right technical questions is a critical early strategic step. Where the M&A documents include an arbitration clause, the dispute may proceed in arbitration (ICC, LCIA, ISTAC, or other institution) rather than in Turkish courts — and the applicable procedural rules and evidentiary standards will differ from Turkish court litigation. Practice may vary — verify current Turkish commercial court M&A dispute procedural requirements and the specific arbitration clause enforceability standards applicable to the specific SPA structure before any M&A dispute strategy.
A lawyer in Turkey advising on how to work with foreign company clients in Turkish corporate disputes must explain that coordinating Turkish court proceedings with the foreign company's internal governance requirements — obtaining board approvals for litigation decisions, managing cross-border privilege, aligning litigation positions with parallel regulatory or commercial negotiations — is a distinct management challenge that requires specific organizational discipline. The specific governance challenges include: board authorization requirements for significant litigation expenditures and settlement decisions (which require specific powers of attorney or corporate resolutions that authorize the Turkish counsel to take defined actions); privilege management for communications between Turkish counsel and the foreign company (which may be subject to different privilege rules in the Turkish context than in the foreign company's home jurisdiction); and the interaction between Turkish litigation positions and any parallel commercial negotiations or regulatory proceedings involving the same Turkish counterparty. A foreign company that manages these governance requirements well — maintaining clear authorization chains, preserving privilege appropriately, and coordinating litigation positions with broader commercial strategy — is significantly better positioned to make effective litigation decisions throughout the proceedings. Practice may vary — verify current Turkish privilege standards and the specific corporate authorization requirements applicable to foreign company litigation decisions in Turkish courts before any cross-border corporate dispute management framework design. Practice may vary — check current guidance before acting on any information on this page.
Frequently Asked Questions
- Can a foreign company sue or be sued in Turkish courts? Yes — foreign legal entities have full standing (dava ehliyeti) in Turkish civil and commercial courts on the same basis as Turkish parties. Where reciprocity applies under the 1954 or 1965 Hague Civil Procedure Conventions, foreign companies are not required to post security deposits as a condition of filing. The foreign company must satisfy Turkish jurisdiction rules — typically through a Turkish jurisdiction clause, assets in Turkey, or the Turkish location of contract performance. Practice may vary — verify current Turkish reciprocity determinations applicable to the specific foreign company's home jurisdiction.
- What is the mandatory commercial mediation requirement and when does it apply? Since 2018, commercial monetary claims between merchants must go through mandatory mediation (zorunlu ticari arabuluculuk) under Law No. 6325 before a Turkish commercial court lawsuit can be filed. The process typically lasts 3 weeks and is conducted by a certified mediator. If mediation fails, the non-settlement record (anlaşamama tutanağı) must be attached to the subsequent court filing. Commercial lawsuits filed without first completing mandatory mediation are dismissed procedurally. Practice may vary — verify current mandatory mediation scope applicable to the specific dispute.
- What law applies to a commercial dispute between a foreign company and a Turkish company? MÖHUK (Law No. 5718) Article 24 gives effect to the parties' governing law choice in the contract — the chosen law applies subject to Turkish mandatory provisions and public policy. Where no governing law was chosen, MÖHUK applies the law of the country most closely connected to the contract (typically the seller's country for goods, service provider's country for services). The applicable law determines the specific breach, defect notice, and limitation period requirements. Practice may vary — verify current MÖHUK applicable law determination methodology.
- How long does commercial litigation take in Turkish courts? A first-instance commercial case in Istanbul commercial courts typically takes 18-36 months for moderate complexity cases — including the pleadings exchange, preliminary hearing, bilirkişi expert appointment and report, and the final judgment. Appeals to the Regional Court of Appeals (BAM) add 6-18 months. Further cassation appeal to Yargıtay adds additional time. Complex multi-party or highly technical cases take longer. Mandatory mediation (3 weeks) precedes the court filing and is not included in these timelines. Practice may vary — verify current Istanbul commercial court timelines.
- What interim measures can a foreign company obtain in Turkish courts? Foreign company claimants can obtain ihtiyati haciz (provisional attachment under İİK Articles 257-268) to freeze Turkish assets including bank accounts, real estate, and receivables pending judgment. They can also obtain ihtiyati tedbir (provisional injunction under HMK Articles 389-399) for non-monetary protective orders — including evidence preservation orders (delil tespiti under HMK Article 400). Both can be obtained ex parte in urgent cases. The applicant must typically provide security (teminat) for potential damages if the measure is later found unjustified. Practice may vary — verify current interim measure application standards.
- How is a foreign court judgment enforced in Turkey? Foreign court judgments are enforced in Turkey through a recognition and enforcement proceeding (tenfiz davası) before Turkish civil courts under MÖHUK Articles 50-59. The tenfiz conditions include: the foreign court had jurisdiction; the judgment is final and enforceable in the originating jurisdiction; the defendant had opportunity to present their defense; the judgment does not violate Turkish public policy; and there is no conflicting Turkish decision on the same matter. After the tenfiz decision is obtained, enforcement proceeds through the standard İİK enforcement office proceedings against Turkish assets. Practice may vary — verify current tenfiz requirements applicable to the specific foreign jurisdiction.
- How is a foreign arbitral award enforced in Turkey? Foreign arbitral awards are recognized and enforced in Turkey through tenfiz proceedings under the New York Convention (to which Turkey is a signatory) and the International Arbitration Law (Law No. 4686). The grounds for refusing recognition are limited to: invalid arbitration agreement; due process violation; scope excess; improper tribunal constitution; non-final award; Turkish public policy violation; or non-arbitrability. Turkey's commercial reservation limits Convention application to commercial disputes — which covers virtually all standard business disputes. An uncontested tenfiz proceeding for a New York Convention award typically takes 3-6 months. Practice may vary — verify current tenfiz documentation requirements.
- What documentation do foreign companies need for Turkish court proceedings? Foreign-language documents must be accompanied by certified sworn Turkish translations (yeminli tercüman çevirisi). Foreign corporate resolutions, powers of attorney, and authority documents must be apostilled (for Hague Convention signatory countries) or consularly legalized (for non-signatory countries). Foreign public documents require apostille or legalization. Corporate powers of attorney authorizing Turkish counsel must typically be notarized and apostilled in the foreign country before use in Turkey. Failure to authenticate required documents can result in evidence exclusion. Practice may vary — verify current authentication requirements for the specific document type and country.
- Does a foreign company need to be physically present in Turkey for litigation? No — foreign companies can be represented throughout Turkish commercial court proceedings by Turkish counsel acting under a power of attorney (vekaletname), and they do not need to be physically present for most procedural steps. The vekaletname must be executed in Turkey before a notary or in the foreign country and apostilled/consularly legalized for Turkey. For witness testimony, foreign witnesses can be examined through letters rogatory or rogatory commission procedures. For settlement discussions, authorized representatives (or counsel with settlement authority) can participate remotely. Practice may vary — verify current Turkish court remote participation options.
- What is the bilirkişi (court expert) system and how does it affect commercial disputes? Turkish commercial courts appoint bilirkişi (court experts) for technical disputes — including accounting, financial, construction, engineering, and industry-specific matters. The bilirkişi report significantly influences the court's factual determination. Parties can influence the bilirkişi mandate (the specific questions asked), challenge the report through written objections identifying methodological defects, request supplemental reports, and submit private expert opinions alongside the court-appointed expert's report. Effective bilirkişi engagement is often strategically decisive in commercial disputes. Practice may vary — verify current bilirkişi challenge and objection standards at the specific court.
- What shareholder rights do foreign shareholders have in Turkish companies? Foreign shareholders in Turkish AŞ and Ltd. Şti. companies have the same rights as Turkish shareholders under TTK — including voting rights, dividend rights, general assembly participation, and minority protection rights. Shareholders holding 10% or more (5% for listed companies) can call a general assembly. TTK provides rights to request special audits and court-ordered dissolution in appropriate circumstances. The specific rights depend on the shareholding percentage, the entity type, and whether the shareholder agreement supplements TTK rights with additional contractual protections. Practice may vary — verify current TTK shareholder rights applicable to the specific shareholding percentage.
- Can a foreign company file a precautionary attachment before starting mediation? Yes — ihtiyati haciz (provisional attachment) and ihtiyati tedbir (provisional injunction) can be obtained before the main claim — including before the mandatory mediation phase. The ihtiyati haciz application does not require the prior completion of mandatory commercial mediation, because it is an independent interim measure application rather than a claim for monetary compensation on the merits. An applicant who obtains ihtiyati haciz before the mandatory mediation phase must then complete mediation and, if mediation fails, file the main claim within a prescribed period to maintain the provisional attachment. Practice may vary — verify current procedural requirements for maintaining provisional measures through the mandatory mediation phase.
- How does MÖHUK's public policy exception work in practice? MÖHUK Article 5 allows Turkish courts to refuse to apply foreign law or recognize a foreign judgment where application or recognition would violate Turkish public policy (kamu düzeni). Turkish courts interpret this exception narrowly — they apply it only where the foreign law or judgment would produce a result fundamentally incompatible with Turkish public order's essential values, not simply because Turkish law would reach a different outcome. In practice, the public policy exception has been applied to: foreign judgments allowing punitive damages exceeding Turkish law limits; foreign law provisions violating Turkish consumer protection mandatory rules; and foreign court decisions obtained through fraud or serious due process violations. Practice may vary — verify current Turkish court public policy exception application standards.
- What is the Turkish Court of Cassation (Yargıtay) and when is its review available? The Yargıtay is Turkey's highest ordinary court and reviews legal questions (hukuki denetim) from Regional Court of Appeals (BAM) decisions. Yargıtay review is available if the case value exceeds a statutory monetary threshold or involves a legal principle question. Yargıtay does not re-examine facts — it reviews whether the lower courts correctly applied the relevant legal provisions and whether mandatory procedural requirements were satisfied. Yargıtay review adds additional time to the overall dispute timeline and is available only after the BAM appeal is decided. Practice may vary — verify current Yargıtay access thresholds and review scope applicable to the specific case type and value.
- Do you represent foreign companies in both Turkish courts and international arbitration for Turkish disputes? Yes — we represent foreign companies in Turkish commercial court proceedings (as both claimants and defendants), in Turkish domestic arbitration under Law No. 4686, in international arbitration proceedings before ICC, LCIA, ISTAC, and other institutions where Turkish law is the governing law or where the underlying dispute involves Turkish parties and assets, and in tenfiz (recognition and enforcement) proceedings for foreign court judgments and arbitral awards against Turkish defendants. We work in English throughout all international mandates and coordinate with foreign counsel in parallel foreign proceedings to maintain consistent legal positions.
Author: Mirkan Topcu is an attorney registered with the Istanbul Bar Association (Istanbul 1st Bar), Bar Registration No: 67874. His practice focuses on cross-border and high-stakes matters where evidence discipline, procedural accuracy, and risk control are decisive.
He advises foreign companies and their counsel across Turkish Commercial Court Litigation, MÖHUK Private International Law Analysis, Mandatory Commercial Mediation Strategy, Interim Measures Applications (İhtiyati Haciz and İhtiyati Tedbir), Evidence Authentication for Foreign Documents, Bilirkişi Engagement and Challenge, Contractual Dispute Strategy, Foreign Judgment and Arbitral Award Recognition (Tenfiz), BAM and Yargıtay Appeals, Corporate and Shareholder Dispute Litigation, M&A Post-Closing Dispute Management, and Multi-Jurisdiction Dispute Coordination matters where procedural precision and cross-border coordination are decisive.
Education: Istanbul University Faculty of Law (2018); Galatasaray University, LL.M. (2022). LinkedIn: Profile. Istanbul Bar Association: Official website.