Commercial disputes are an inevitable part of doing business—especially in cross-border transactions where legal expectations, contract structure, and enforcement options differ. Foreign companies operating in Turkey often face challenges related to unpaid invoices, unfulfilled delivery obligations, breach of contract, or failure to perform. In such cases, engaging a Turkish Law Firm is critical to ensuring your interests are defended under Turkish law, and that legal remedies are secured through commercial litigation.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers represent international clients in commercial litigation and contract enforcement cases in Turkey. We manage the entire legal process—negotiation, petition drafting, court representation, enforcement, and recovery—offering strategic guidance and bilingual communication every step of the way.
When Do Commercial Disputes Arise?
Common commercial disputes faced by foreign clients include:
- Non-payment of invoices or delayed payments
- Breach of commercial lease agreements
- Failure to deliver goods or perform services
- Unilateral contract termination or withdrawal
- Disagreement over penalty clauses or liquidated damages
- Agent or distributor violations
In each case, your Turkish Law Firm must evaluate the strength of your contract, evidence, and likelihood of enforcement in Turkish courts.
Contract Enforcement in Turkish Courts
Turkish Commercial Code (TCC), Code of Obligations, and Civil Procedure Code (HMK) govern the enforcement of contracts in Turkey. A valid and enforceable contract under Turkish law must contain:
- Clear identification of parties
- Defined obligations and consideration
- Agreed-upon terms and dispute resolution clause
- Execution in proper form (with translation or notarization if required)
Our Turkish Law Firm prepares legal petitions to enforce the contract, claim damages, apply injunctions, and protect your rights during litigation. See also: how we draft enforceable contracts.
Types of Commercial Litigation We Handle
- Debt recovery and payment collection lawsuits
- Compensation claims for breach of contract
- Execution proceedings based on bills of exchange (çek, senet)
- Interim injunctions and asset freezing applications
- Disputes over international sale of goods (CISG)
- Conflicts arising from franchise or agency termination
We also assist clients in enforcement proceedings to collect Turkish court judgments or international arbitral awards.
Litigation Process in Turkish Commercial Courts
Litigation in Turkey begins with a lawsuit petition filed to the Commercial Court of First Instance. The typical stages include:
- Pre-litigation notice and formal ihtarname (optional)
- Filing of petition with jurisdictionally correct court
- Submission of evidence (contracts, invoices, correspondence)
- Defendant response and counterclaims
- Expert reports (if technical evaluation required)
- Witness statements and court hearings
- Court decision and appeal (if applicable)
Our Turkish Law Firm prepares all documents, attends hearings, and provides progress reports in English. POA is sufficient for us to act without your physical presence.
Post-Judgment Enforcement and Collections
After winning a lawsuit, we proceed with collection through enforcement courts and bailiff offices. This may include:
- Account seizure orders to Turkish banks
- Real estate or movable property liens
- Notification to third-party debtors (i.e., garnishment)
- Registry restrictions (land, trade, vehicle)
We coordinate with banks and bailiff offices to enforce your rights. Judgment interest and legal fees may also be recoverable.
Alternative Dispute Resolution (ADR)
Not all disputes require court proceedings. We advise on and draft:
- Settlement protocols and debt restructuring agreements
- Arbitration clauses for ICC, ISTAC, LCIA
- Mediation strategies (obligatory in some Turkish commercial matters)
Our firm is experienced in both domestic and international arbitration, offering full ADR representation under POA.
Internal Resources You Should Review
- How to Form a Company in Turkey
- Choosing the Right Turkish Law Firm
- Start a Business + Residence Permit
- Contract Drafting Services
Frequently Asked Questions (FAQs)
- Can I sue a Turkish company from abroad? Yes. With POA, we can file and represent you in Turkish courts.
- Is my English-language contract enforceable? Yes, if structured properly and translated where required.
- Can I freeze the other party’s assets? Yes. We can apply for precautionary measures at the start of litigation.
- How long do commercial cases take? Typically 6–18 months, depending on complexity and appeals.
- Can your law firm assist in collecting my debt? Yes. We manage full legal and enforcement process for recovery.
Contact Our Commercial Litigation Team
If you are involved in a contract dispute or business-related legal conflict in Turkey, contact a Turkish Law Firm that understands both international and domestic legal strategy. At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers offer tactical litigation and enforcement support to protect your company’s rights and recover what is owed to you.