This article explains how foreign creditors can enforce a foreign court judgment in Türkiye and the issues most likely to stand in their way.
For a foreign creditor, obtaining a judgment against a Turkish counterparty in its home courts is often only half the battle. If the debtor's assets are in Türkiye, the judgment cannot be enforced there automatically. Türkiye is not part of the Brussels regime or any other multilateral framework for the free circulation of judgments, so a judgment from a court in Germany, England, the United States or the Gulf must first be declared enforceable by a Turkish court in exequatur proceedings, known as tenfiz. The Turkish court will not retry the case, but a judgment can be refused on grounds that a foreign litigator may not have had in mind when the case was started, in particular reciprocity and the way the Turkish defendant was served. This article explains how the process works and how foreign creditors can plan for it, ideally before the foreign proceedings begin.
1. Recognition and Enforcement
The legal framework is set out in Articles 50 to 59 of the Turkish Private International and Procedural Law (PIL). It distinguishes between:
- Enforcement (tenfiz): required where the creditor wants to execute the judgment in Türkiye, for example to collect a money judgment against the debtor's Turkish assets.
- Recognition (tanıma): required where the judgment is relied on only as res judicata or conclusive evidence, for example to block parallel proceedings in Türkiye.
The conditions are largely the same, with one important difference: reciprocity is not required for recognition.
2. Which Judgments Qualify
Enforcement is available for judgments of foreign courts in civil and commercial matters that are final under the law of the country where they were given. A judgment still open to appeal cannot be enforced. Interim measures such as freezing orders are generally not treated as final judgments and are not enforceable through tenfiz; equivalent protection must be sought separately from the Turkish courts.
A frequent practical problem is the proof of finality. Many legal systems do not issue a formal certificate of finality as a matter of course, and the creditor may need to obtain a specific document from the foreign court confirming that the judgment is no longer subject to appeal.
3. Court, Procedure and Documents
The application is brought before the Turkish court of first instance, in commercial matters usually the commercial court, at the debtor's domicile in Türkiye, or failing that its residence, or otherwise in Ankara, Istanbul or Izmir. The application must be accompanied by:
- the original or a certified copy of the judgment;
- a certified document confirming that the judgment is final; and
- certified Turkish translations of both.
Documents from countries party to the Hague Apostille Convention require an apostille; others require consular legalisation. The proceedings follow a simplified procedure, and the Turkish court will not review the merits of the judgment. The debtor can only argue that the statutory conditions are not met, or that the judgment has been satisfied or cannot be enforced for another reason.
4. Reciprocity: The First Hurdle
Enforcement requires reciprocity between Türkiye and the state of origin. This can be established by:
- a treaty between Türkiye and that state providing for reciprocal enforcement;
- a provision of that state's law allowing Turkish judgments to be enforced; or
- evidence that Turkish judgments are in fact enforced there.
The burden of raising and proving reciprocity lies with the applicant. In practice, it is established through the foreign legislation, foreign court decisions enforcing Turkish judgments, official letters obtained through the Ministry of Justice or diplomatic channels, and legal opinions. For some jurisdictions, reciprocity is well established in Turkish case law; for others, Turkish courts scrutinise the evidence closely.
For judgments from the United States, reciprocity may need to be established for the specific state whose court gave the judgment, since recognition of foreign judgments in the US is largely governed by state law. For common law jurisdictions such as England, where foreign judgments are enforced by a fresh action on the judgment rather than by statute, expert evidence on how Turkish judgments would be treated is usually needed. Foreign creditors should obtain advice on reciprocity before choosing where to sue, not after the judgment is obtained.
5. Service on the Turkish Defendant: The Most Common Trap
A Turkish court will refuse enforcement, upon the debtor's objection, if the debtor was not properly summoned under the law of the court of origin, was not represented, or was subject to a default judgment in breach of that law. In practice, this is where many foreign judgments run into difficulty.
Türkiye is a party to the 1965 Hague Service Convention, but it has objected to service by postal channels under Article 10 of the Convention. Service on a Turkish defendant should therefore be made through Türkiye's Central Authority, with Turkish translations of the documents. Service by courier, registered mail or email directly to a Turkish company, even if valid under the law of the court of origin, creates a serious risk that the judgment will not be enforced in Türkiye, particularly where the judgment was given in default.
6. Jurisdiction and Public Policy
- Exclusive jurisdiction: the judgment must not concern a matter within the exclusive jurisdiction of the Turkish courts, such as rights in rem over immovable property in Türkiye. The court examines this of its own motion.
- Exorbitant jurisdiction: upon the debtor's objection, enforcement will be refused if the foreign court assumed jurisdiction although neither the dispute nor the parties had a genuine connection with that state.
- Public policy: the judgment must not be manifestly contrary to Turkish public policy. The test is limited to whether the result is incompatible with fundamental principles of Turkish law. The Turkish Court of Cassation has held, in a decision unifying its case law, that the absence of reasons in a foreign judgment does not in itself make the judgment contrary to public policy. Awards of damages that go beyond compensation may, however, attract scrutiny.
7. Security for Costs
As a rule, foreign individuals and companies bringing proceedings in Türkiye must provide security for the costs of the proceedings and the defendant's potential losses (Article 48 PIL). This requirement can also arise in enforcement proceedings. However, many foreign claimants are exempt under multilateral conventions to which Türkiye is a party, such as the 1954 Hague Convention on Civil Procedure, under bilateral treaties, or on the basis of reciprocity. The position should be checked at the outset to avoid delay.
8. Appeals, Timing and Interim Protection
Once enforcement is granted, the foreign judgment is enforced in the same way as a Turkish judgment. However, an appeal against the enforcement decision suspends its execution (Article 57 PIL). In practice, the creditor can begin enforcement against the debtor's assets only after the decision has become final through the appeal stages, which may take a considerable time.
Where there is a risk of the debtor dissipating assets, the creditor should consider applying for a precautionary attachment under the Turkish Enforcement and Bankruptcy Law, supported by the foreign judgment and other evidence, without waiting for the enforcement decision.
9. Court Judgment or Arbitral Award
Türkiye is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. For awards falling within the Convention, the applicant does not need to prove reciprocity, and the grounds for refusal are limited to those listed in the Convention. For a foreign company contracting with a Turkish counterparty whose assets are in Türkiye, an arbitration clause will therefore often offer a more predictable route to enforcement than a foreign court jurisdiction clause.
The choice should be made at the drafting stage. A poorly drafted arbitration clause can create its own problems in Turkish courts; we discussed the clauses Turkish courts refuse to enforce in this article. The same question arises for guarantees governed by foreign law, which must ultimately be enforced against assets in Türkiye, as explained in our article on guarantees and suretyships.
10. Practical Checklist for Foreign Creditors
- Before suing abroad, assess whether the judgment will be enforceable in Türkiye, in particular as regards reciprocity with the chosen forum.
- Serve the Turkish defendant through Türkiye's Central Authority under the Hague Service Convention, with Turkish translations; avoid direct service by post, courier or email.
- Obtain proof of finality together with the judgment, and arrange apostille or legalisation and certified Turkish translations from the outset.
- Assemble evidence of reciprocity, such as foreign legislation, decisions enforcing Turkish judgments, official letters or expert opinions.
- Check whether you are exempt from security for costs under a convention, treaty or reciprocity.
- Where assets are at risk, consider a precautionary attachment in Türkiye without waiting for the enforcement decision.
- For future contracts with Turkish counterparties, consider an arbitration clause providing for an award enforceable under the New York Convention.
11. Conclusion
A foreign judgment is only as valuable as the creditor's ability to enforce it where the debtor's assets are located. For judgments to be enforced in Türkiye, the key points are:
- Enforcement requires a Turkish exequatur decision; recognition does not require reciprocity, but enforcement does.
- The judgment must be final under the law of the state of origin, and finality must be documented.
- Reciprocity must be proven by treaty, statute or practice, and may need to be assessed state by state for US judgments.
- Exclusive jurisdiction, exorbitant jurisdiction, manifest breach of public policy and breach of the right to be heard are the main grounds for refusal.
- Direct postal service on a Turkish defendant is a serious risk because of Türkiye's objection under the Hague Service Convention.
- An appeal suspends enforcement, so interim protection through precautionary attachment should be considered early.
For advice on enforcing foreign judgments in Türkiye, resisting enforcement, precautionary attachment and planning cross-border disputes with Turkish counterparties, please contact us at info@guzeloglu.legal.