How to Enforce Foreign Judgment in Turkey 2026: Recognition Grounds, Exequatur Steps, Costs and Timelines

Last reviewed: 15 July 2026

Understanding how to enforce a foreign judgment in Turkey is essential for any international creditor, in-house counsel or commercial litigator seeking to collect on a cross-border award. Turkey operates a two-stage process, first the foreign judgment must be formally recognised or granted exequatur by a Turkish civil court, and only then can a creditor proceed to execution through the Turkish enforcement office system (İcra Müdürlüğü). The governing statute, Law No. 5718 on International Private and Procedural Law, sets out the conditions, documents and defences that determine whether a foreign judgment will be given effect in Turkey. This guide walks through every stage of the process, from legal basis and petition drafting to realistic costs and strategic tips for 2026.

Legal Basis for Enforcement of Foreign Judgments in Turkey

The primary statute governing the recognition of foreign judgments in Turkey is Law No. 5718, formally titled Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun (the Act on International Private and Procedural Law). This law replaced the earlier Law No. 2675 and consolidated Turkey’s rules on cross-border recognition and enforcement into a single framework. Articles 50 through 59 of Law No. 5718 establish the substantive conditions that a foreign judgment must meet, the procedural steps for filing, and the grounds on which a Turkish court may refuse recognition.

Procedural aspects of the petition, court venue, service of documents, hearing protocols and appeals, are governed by the Turkish Code of Civil Procedure (HMK), Law No. 6100. The HMK applies as the general procedural law unless Law No. 5718 provides a specific rule. Practitioners should note that Article 54 of the HMK, which addresses jurisdiction in enforcement proceedings, is frequently cited alongside Article 51 of Law No. 5718 when determining the competent court.

It is important to distinguish between recognition (tanıma) and enforcement (tenfiz, or exequatur). Recognition confirms the legal effect of the foreign judgment, for example, establishing that a divorce or status determination is valid in Turkey, but does not create an executable obligation. Enforcement (exequatur) goes a step further: it empowers the judgment creditor to use Turkey’s enforcement machinery to collect money or compel performance. Where a foreign judgment orders payment, an exequatur decision is required. For foreign arbitral awards, Turkey is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which provides a separate but overlapping enforcement route.

Grounds for Recognition and Refusal of Foreign Judgments in Turkey

Law No. 5718 sets out both positive conditions that must be satisfied and negative grounds that allow a Turkish court to refuse recognition. A judgment creditor should evaluate these requirements carefully before filing, as the respondent will almost certainly raise one or more of the defences below.

Positive conditions for recognition under Law No. 5718:

1. Existence of a bilateral or multilateral treaty, or reciprocity: The foreign judgment must come from a state with which Turkey has an applicable treaty, or there must be de facto or de jure reciprocity between Turkey and the state of origin. Turkish courts examine reciprocity on a case-by-case basis.
2. Final and binding judgment: The judgment must be final and no longer subject to ordinary appeal in the state of origin. Provisional or interlocutory orders generally do not qualify.
3. Subject-matter eligibility: The judgment must relate to a civil or commercial matter. Criminal convictions and administrative rulings fall outside the scope of Law No. 5718.
4. Jurisdictional propriety: The foreign court must have had jurisdiction over the matter under Turkish conflict-of-law principles, that is, the foreign court’s assertion of jurisdiction must not be considered exorbitant or artificial from a Turkish-law perspective.

Grounds for refusal:

• Public policy (kamu düzeni): If the foreign judgment is manifestly incompatible with Turkish public policy, the court will refuse recognition. Turkish courts interpret this narrowly but have invoked it in cases involving punitive damages that are grossly disproportionate or judgments that conflict with fundamental constitutional principles. The European Court of Human Rights (ECHR) jurisprudence on proportionality and due process also informs how Turkish judges assess public-policy objections.
• Lack of due process: If the respondent was not properly served or was denied the right to be heard in the foreign proceedings, recognition may be refused. Turkey is a party to the Hague Service Convention, and service defects, particularly where documents were not transmitted through the Convention’s central-authority channel, are among the most frequently litigated grounds before the Yargıtay (Supreme Court of Appeals).
• Conflicting Turkish judgment: If a Turkish court has already rendered a final judgment between the same parties on the same subject matter, the foreign judgment will not be recognised.
• Pending Turkish proceedings: Where proceedings between the same parties on the same subject were commenced in Turkey before the foreign proceedings, the Turkish court may decline recognition.

Common Defences in Turkish Courts: Service, Jurisdiction, and Public Policy

In contested recognition proceedings, respondents most commonly challenge service of process. If the foreign court served the defendant by methods not compliant with the Hague Service Convention, for example, direct postal service without using the designated Turkish Central Authority, the Yargıtay has consistently treated this as a basis for refusal. Creditors should ensure, before filing, that the original foreign proceedings used Convention-compliant or diplomatically verified service methods.

Public-policy challenges arise less frequently but carry significant weight. Industry observers note that Turkish courts have declined enforcement where a foreign judgment included punitive-damages components that far exceeded actual loss, treating such awards as contrary to the compensatory principle embedded in Turkish civil law. Similarly, judgments based on contracts that involve subject matter illegal under Turkish law, such as certain unregulated gambling or sanctioned-entity transactions, will face public-policy objections, effectively rendering them unenforceable.

Exequatur in Turkey: Step-by-Step Petition and Procedure

The exequatur procedure under Law No. 5718 is initiated by filing a written petition with the competent Turkish civil court of first instance (Asliye Hukuk Mahkemesi). The following numbered steps outline the standard process for filing an enforcement petition in Turkey.

1. Identify the competent court: Under Article 51 of Law No. 5718, the petition is filed with the court at the domicile of the party against whom enforcement is sought. If the respondent does not have a domicile in Turkey, the court at the respondent’s habitual residence or, failing that, the court in Istanbul, Ankara, or the location of the respondent’s assets may have jurisdiction.
2. Prepare the enforcement petition: The petition must set out the identity of the parties, a summary of the foreign judgment, the relief sought (recognition only or full enforcement), and the legal basis under Law No. 5718.
3. Assemble and authenticate supporting documents (see checklist below).
4. Pay the court filing fee: Filing fees are calculated on a proportional basis for money judgments (based on the amount sought) or as a fixed fee for non-monetary recognition actions. Fees are payable in Turkish lira at current rates published by the Ministry of Justice.
5. Serve the respondent: Once the petition is registered, the court serves the respondent with the petition and supporting documents. Service within Turkey follows HMK rules; service abroad follows the Hague Service Convention or diplomatic channels as applicable.
6. Court hearing and examination: The court conducts a hearing at which both parties may present arguments. The court does not re-examine the merits of the underlying dispute, it reviews only whether the statutory conditions for recognition are met.
7. Decision: If the court is satisfied, it issues a recognition or exequatur decision. The decision is subject to appeal under the HMK’s standard appellate procedures (regional courts of appeal and, on points of law, the Yargıtay).

Documents Checklist for the Enforcement Petition in Turkey

Assembling the correct documentary package at the outset prevents costly adjournments. The following documents are required or strongly recommended when filing an exequatur petition:

• Authenticated copy of the foreign judgment: A certified or notarised copy issued by the court of origin, bearing the court seal.
• Certificate of finality: A written confirmation from the foreign court or competent authority that the judgment is final, binding, and no longer subject to ordinary appeal.
• Apostille or consular legalisation: If the originating country is party to the 1961 Hague Apostille Convention, an apostille suffices. Otherwise, the judgment and finality certificate must be legalised by the Turkish consulate in the country of origin.
• Certified Turkish translation: All foreign-language documents must be translated into Turkish by a sworn translator (yeminli tercüman) and the translation must be notarised by a Turkish notary public.
• Power of attorney (vekâletname): A notarised power of attorney authorising Turkish counsel to act on the petitioner’s behalf. If executed abroad, this must also be apostilled or consularly legalised.
• Evidence of service: Proof that the respondent was properly served in the original foreign proceedings, ideally through Hague Service Convention channels or an equivalent method recognised under Turkish law.
• Statement of claim (petition text): The written petition itself, drafted in Turkish, setting out the statutory basis, relevant facts, and the enforcement relief sought.

Court Filing and Jurisdiction

Choosing the correct court is a threshold issue. If the respondent maintains a registered address or habitual residence in Turkey, the petition is filed at that location. For corporate respondents, the registered office address governs. Where assets are located in a different district from the respondent’s domicile, some practitioners file at the asset location for strategic convenience, though the statutory default under Law No. 5718 favours the respondent’s domicile. Counsel should verify the respondent’s current registered address through the Turkish Trade Registry Gazette or the Central Civil Registration System (MERNİS) before filing.

Procedural Timeline and Expedited Options

In an uncontested case where the respondent does not appear or does not raise substantive objections, first-instance recognition proceedings typically conclude within three to six months. Contested matters, particularly those involving service-of-process challenges or public-policy arguments, can extend to twelve months or longer at first instance, with additional time for appeals. Industry observers expect that the ongoing digitalisation of Turkey’s court filing system (UYAP) continues to shorten administrative processing times modestly in 2026, though substantive judicial review timelines remain largely unchanged. There is no dedicated fast-track or expedited exequatur procedure under Turkish law, but parties may apply for provisional measures (see below) to protect assets while recognition proceedings are pending.

Execution and Enforcement Measures After Recognition

Once a Turkish court grants exequatur, the judgment creditor holds a domestically enforceable title. The next step is to initiate enforcement proceedings through the Turkish enforcement office (İcra Müdürlüğü), which operates under the Enforcement and Bankruptcy Law (Law No. 2004). This is a critical stage: the recognition decision alone does not result in payment or asset transfer.

Practical Steps for Execution Through Enforcement Offices

The creditor or their Turkish counsel presents the exequatur decision and a certified copy to the competent enforcement office (typically the office at the location of the debtor’s assets). The enforcement officer issues a payment order (ödeme emri) directing the debtor to satisfy the judgment within a specified period, generally seven days for money judgments. If the debtor fails to pay or object within this period, the creditor may proceed to:

• Bank-account garnishment: The enforcement office can issue orders to banks to freeze and transfer funds from the debtor’s accounts. Turkey’s centralised banking information system (TAKBIS-linked queries) enables enforcement officers to locate accounts across multiple institutions efficiently.
• Attachment of movable property: Bailiffs may seize vehicles, inventory, machinery, or other movable assets and sell them at public auction.
• Attachment of immovable property: The enforcement office can register a lien on real property owned by the debtor, followed by forced sale at auction if necessary.
• Garnishment of receivables: Third-party debts owed to the judgment debtor (e.g., trade receivables) can be intercepted and redirected to the creditor.
• Specific performance: For non-monetary judgments (e.g., delivery of goods or transfer of shares), the enforcement office supervises compliance, with escalating penalties for non-compliance.

The enforcement phase typically adds one to six months to the overall timeline, depending on the complexity of asset identification, the debtor’s cooperation, and whether the debtor raises objections to enforcement. Contested enforcement, for instance, where the debtor claims assets are exempt, may require additional court hearings.

Special Situations: US Judgments, Arbitral Awards, and Partial Recognition

Enforcing US Judgments in Turkey

US judgments present particular challenges because there is no bilateral treaty between Turkey and the United States on mutual recognition. However, Turkish courts have accepted US judgments on the basis of de facto reciprocity, examining whether US courts (at the relevant state level) have previously recognised and enforced Turkish judgments. The Yargıtay has addressed this question in multiple decisions, and the prevailing view is that reciprocity exists with several US states. Creditors seeking to enforce US judgments in Turkey should obtain evidence of prior US state-court recognition of Turkish judgments and present this evidence as part of the exequatur petition. State-level variation means that careful research into the specific US jurisdiction is essential.

Enforcing Foreign Arbitral Awards Under the New York Convention

Turkey ratified the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and foreign arbitral awards are enforced through a streamlined process under the Convention and Law No. 5718. The required documents are broadly similar, the original or certified copy of the arbitral award, the arbitration agreement, certified translations, and apostille or legalisation, but the grounds for refusal are narrower than for court judgments. Recognition of arbitral awards typically proceeds more quickly, with well-documented applications often concluding within two to five months.

The New York Convention’s limited refusal grounds (incapacity, invalidity of the arbitration agreement, lack of notice, excess of jurisdiction, procedural irregularity, or public policy) make it the preferred route for creditors with arbitration clauses in their commercial contracts.

Partial Recognition

Turkish courts may grant partial recognition where only a portion of the foreign judgment meets the statutory conditions. For example, if a judgment awards both compensatory and punitive damages, the court may recognise the compensatory component while refusing enforcement of the punitive element on public-policy grounds. This partial approach allows creditors to recover at least a portion of their award rather than facing an all-or-nothing outcome.

How to Enforce a Foreign Judgment in Turkey: Costs, Timelines, and Practical Tips

One of the most common questions from international creditors concerns the overall cost to enforce a foreign judgment in Turkey. Costs vary significantly depending on the value of the claim, the complexity of the case, and whether the proceedings are contested. The table below provides estimated ranges for 2026.

Practical tips for managing costs:

• Obtain all apostilles and certified translations before engaging Turkish counsel to avoid adjournments and delay-related fees.
• Request a detailed fee estimate from Turkish counsel that distinguishes between fixed costs (court fees, translations) and variable costs (contested hearings, appeals).
• For high-value claims, consider whether an arbitration clause in future contracts would provide a faster and more predictable enforcement route via the New York Convention.

Strategic Checklist and Pre-Enforcement Preservation Measures

Filing the recognition petition is only one element of a successful enforcement strategy. Experienced creditors take steps to protect assets and maximise recovery before and during the recognition process. The following checklist outlines recommended pre-enforcement actions:

• Asset tracing: Conduct a thorough asset search in Turkey before filing. Identify bank accounts, real property (via the Land Registry, Tapu), vehicles (via the Vehicle Registration System), and corporate holdings (via the Trade Registry Gazette). Early asset intelligence shapes the enforcement strategy and court selection.
• Provisional attachment (ihtiyati haciz): Under Turkish law, a creditor may apply to the Turkish court for a provisional attachment order to freeze the debtor’s assets pending the outcome of recognition proceedings. This requires demonstrating a risk that the debtor may dissipate assets. The application can be filed simultaneously with or prior to the exequatur petition.
• Foreign-jurisdiction freezing orders: Where the debtor holds assets in multiple jurisdictions, coordinate freezing orders in those jurisdictions alongside the Turkish recognition proceedings.
• Engage local counsel early: Turkish procedural rules have strict deadlines and formal requirements. Retaining local counsel before filing ensures that documents are prepared correctly and that strategic decisions, such as court selection and provisional measures, are optimised from the outset.
• Monitor for debtor restructuring: If the debtor is a Turkish company, check whether it has entered concordat (konkordato) or other restructuring proceedings under Law No. 2004, as these may affect or stay enforcement.

Conclusion

Knowing how to enforce a foreign judgment in Turkey requires a clear understanding of Law No. 5718, disciplined document preparation, and strategic pre-filing steps such as asset tracing and provisional attachment. The two-stage process, recognition followed by execution, demands attention to both the substantive conditions for exequatur and the practical mechanics of Turkey’s enforcement-office system. Whether dealing with a commercial court judgment or a foreign arbitral award under the New York Convention, creditors who prepare thoroughly and engage experienced Turkish counsel early stand the best chance of efficient, cost-effective recovery. For guidance tailored to a specific cross-border matter, consult a qualified Turkey commercial lawyer through our directory or explore the Turkey, Commercial practice area for further resources.

Sources

1. Law No. 5718, Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun (full text)
2. Turkish Code of Civil Procedure (HMK), Law No. 6100 (TBMM)
3. Official Gazette (Resmî Gazete), Republic of Turkey
4. Ministry of Justice (Republic of Türkiye), Circulars (Genelgeler)
5. New York Convention, UNCITRAL (1958)
6. Hague Service Convention, HCCH
7. HUDOC, European Court of Human Rights Database
8. Yargıtay (Supreme Court of Appeals of Türkiye)