Practice Area

Recognition and Enforcement

Giving Foreign Court and Arbitral Awards Legal Effect and Enforcing Them in Türkiye

A court or arbitral award rendered abroad does not automatically become enforceable in Türkiye in every case. If the decision is to have only legal effect in Türkiye, to be relied on in population or other registries, or to be enforced by compulsion, recognition, enforcement (tenfiz) or a special administrative route must be considered, depending on the nature of the decision.

Canaydın Law Firm provides legal services in the preliminary review of the foreign decision, the determination of the appropriate legal route, the preparation of the documents and translation process, the conduct of recognition and enforcement lawsuits before Turkish courts, and the carrying out of the necessary enforcement proceedings in Türkiye after enforcement has been granted.

Review of the Decision
Recognition
Enforcement
Foreign Arbitral Awards
Enforcement After Tenfiz

What Is the Difference Between Recognition and Enforcement?

Recognition

Recognition ensures that a foreign court decision is accepted in Türkiye as having res judicata effect or conclusive evidentiary effect. Where the decision does not separately require compulsory enforcement in Türkiye, recognition may be sufficient.

Enforcement (Tenfiz)

Enforcement (tenfiz) is the judicial process through which a foreign court decision becomes enforceable in Türkiye. If a monetary claim, compensation, alimony or another obligation is to be performed in Türkiye through enforcement proceedings, the need for tenfiz is assessed separately.

Recognition and enforcement are not the same procedure. The reciprocity requirement in the MÖHUK is not sought for recognition, whereas for enforcement the reciprocity condition provided for in the law is assessed.

For Which Foreign Decisions Can an Application Be Made?

Foreign decisions on divorce, or on the annulment or invalidity of a marriage
Decisions on custody, personal relations with the child and alimony
Decisions on the liquidation of the matrimonial property regime and the division of property
Decisions on commercial receivables, contracts, debts and compensation
Foreign court decisions arising from companies or private law relationships
Recognition and enforcement of foreign arbitral awards
Enforcement in Türkiye of decisions for which tenfiz has been granted

The country in which the decision was rendered, the subject of the decision, its finality and enforceability, and the legal result sought in Türkiye are examined together. The parts of criminal judgments concerning private law rights, and decisions subject to special legislation, are assessed separately.

Basic Conditions for the Enforcement of a Foreign Court Decision

Under Law No. 5718 on Private International and Procedural Law (MÖHUK), the following matters in particular are assessed in the enforcement review:

The foreign court decision must relate to a civil case and must have become final under the law of the state in which it was rendered
The reciprocity requirement sought by the law must exist between Türkiye and the state in which the decision was rendered
The decision must not have been rendered on a matter falling within the exclusive jurisdiction of Turkish courts
Within the conditions of the law, assessing any objection as to whether the foreign court had a genuine connection with the dispute or the parties
The judgment must not be manifestly contrary to Turkish public policy
Examining, within the scope of the objections raised, whether the person against whom enforcement is sought was duly summoned, represented and able to defend themselves in the foreign proceedings

In a recognition request, the recognition conditions stated in the law are also examined; however, the reciprocity requirement specific to enforcement is not sought for recognition.

Will a Turkish Court Hear the Foreign Case Again?

Recognition and enforcement proceedings are not a rehearing of the dispute in the foreign country from the beginning, nor a new appeal of the decision on the facts and the law. The Turkish court's review focuses on whether the conditions provided for in the law for the recognition or enforcement of the foreign decision in Türkiye are met.

For this reason, in preparing the file, rather than resubmitting all the evidence of the foreign case, what matters are the documents showing the nature of the decision, its finality, the parties' participation in the proceedings, service of notice and the right of defense, as well as the recognition / enforcement conditions.

Which Documents Are Reviewed in the Application?

The duly certified original or certified copy of the foreign court decision
A document or finality annotation showing that the decision has become final under the law of the country in which it was rendered
A duly prepared Turkish translation of the decision and the finality document
Documents showing that the opposing party was notified of the foreign proceedings or was represented in them — where the file requires
Identity, address and company documents of the applicant and the opposing party — depending on the nature of the file
The power of attorney required for pursuing the case through an attorney
An apostille, consular certification or other applicable certification procedures, depending on the country in which the document was issued

The list of documents may vary according to the country in which the decision was rendered, the nature of the decision and the circumstances of the parties. The same certification method is not applied to every foreign document.

How Are the Competent Court and Jurisdiction Determined?

For enforcement requests, the MÖHUK takes the court of first instance (asliye mahkemesi) as its basis. However, in disputes subject to special subject-matter rules, such as decisions on divorce, custody and family law, the relevant specialized court is considered.

As a rule, the court with territorial jurisdiction is the court of the place of domicile in Türkiye of the person against whom recognition or enforcement is sought; if there is no domicile, the court of the place where that person resides. If none of these places exists in Türkiye, the case may be filed before one of the courts in Ankara, İstanbul or İzmir. In a specific file, subject-matter and territorial jurisdiction are checked separately according to the type of decision and the circumstances of the parties.

How Does the Proceeding Work?

Recognition and enforcement requests are served on the opposing party and examined under the simplified trial procedure. The opposing party may argue that the recognition or enforcement conditions in the law are not met, that the foreign decision has been fully or partially performed, or that a ground has arisen that prevents its performance.

The avenues of appeal and the finalization process of the court's decision are followed separately. Subsequent population, title deed, enforcement or other procedures concerning the application of the foreign decision in Türkiye are planned according to the content of the decision.

The Alternative of Direct Registration with the Population Registry for Foreign Divorce Decisions

For foreign divorce decisions, filing a recognition lawsuit is not mandatory in every file. In some files where the conditions under Population Services Law No. 5490 and the related regulations are met, an administrative application can be made for the direct registration of the decision of a foreign judicial or administrative authority in the population register.

First, it is examined whether the decision falls within the scope of direct registration.
The decision, the finality document, identity / passport, special power of attorney and the necessary translation / certification documents are prepared according to the file.
If the conditions for direct registration are not met, the application is rejected, or the decision contains other provisions that cannot be resolved through registration, the court route may need to be considered.
If, in addition to the divorce, there are provisions on alimony, custody, division of property or other matters that must be enforced, these claims are examined separately.

Recognition and Enforcement of Foreign Arbitral Awards

Foreign arbitral awards are subject to a different legal regime from foreign court decisions. The enforcement in Türkiye of foreign arbitral awards that have become final and enforceable, or that are binding on the parties, may be requested.

Review of the arbitration agreement or arbitration clause
Preparation of the original or duly certified copy of the arbitral award and its Turkish translation
The binding nature and enforceability of the arbitral award
Assessment of the enforcement request under the MÖHUK and the applicable international conventions
Carrying out the enforcement proceedings in Türkiye after the enforcement decision

Because the rules on jurisdiction, competence and grounds for refusal for foreign arbitral awards differ from those for court decisions, the arbitration file must be assessed separately.

Enforcement in Türkiye After the Enforcement Decision

Enforcement (tenfiz) of a foreign decision forms the legal basis of the enforcement process in Türkiye. After the enforcement decision becomes applicable, the necessary enforcement proceedings can be initiated for the monetary claim, compensation, alimony or other enforceable obligations awarded in the foreign decision.

At the enforcement stage, the debtor's assets in Türkiye, which part of the decision has been enforced, the status of payment or partial performance, and the type of proceedings are assessed separately.

What We Do for You

Initial Legal Review

It is determined whether the foreign decision requires recognition, enforcement, direct population registration or another procedure.

Document and Certification Plan

The need for the decision, finality, service of notice, apostille / certification, translation and power of attorney is planned according to the file.

Recognition and Enforcement Lawsuit

The petition is prepared; service of notice, hearings, objections and the appeal process are followed.

Foreign Divorce Decisions

The options of recognition / enforcement through the court and, if the conditions are met, direct population registration are compared.

Foreign Arbitral Awards

The process is conducted by examining the arbitration agreement, the arbitral award and the applicable recognition / enforcement regime.

Enforcement After Tenfiz

The proceedings and collection steps necessary for the enforcement in Türkiye of the decision for which tenfiz has been granted are carried out.

How the Process Works

01
Preliminary Review of the Decision
The foreign decision, its finality status and the result sought in Türkiye are examined.
02
Determining the Legal Route
It is determined which of recognition, enforcement, direct population registration or the foreign arbitral award regime will apply.
03
Preparing the Document File
The original decision, finality, translation, apostille / certification, notice and power of attorney documents are completed according to the file.
04
Lawsuit or Administrative Application
The application is made before the competent court or the relevant administrative authority and the process is followed.
05
Decision and Finalization Process
The notification of the recognition / enforcement decision and, where applicable, the appeal and finalization procedures are followed.
06
Implementation in Türkiye
Population registration, enforcement proceedings or the other registration and implementation procedures required by the decision are completed.

FAQ

Frequently Asked Questions

Is a divorce decision rendered abroad automatically valid in Türkiye?

For a foreign divorce decision to take effect on the population record and other legal consequences in Türkiye, administrative registration or a recognition / enforcement process may be required, depending on the nature of the decision.

Can foreign custody, alimony or property division decisions be enforced in Türkiye?

The recognition or enforcement conditions are assessed according to the content of the decision, its finality status and the result sought in Türkiye.