How foreign judgments and arbitral awards are enforced in Türkiye
A judgment rendered by a foreign state court or an international arbitral tribunal cannot be directly executed in Türkiye without an order of recognition and enforcement (tenfiz) issued by a Turkish civil or commercial court. The statutory framework is governed by Law No. 5718 on International Private and Civil Procedure Law (MÖHUK) and, for arbitration, the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
The Foreign Plaintiff Security Deposit (Teminat) under MÖHUK Article 48
Under Article 48 of MÖHUK, foreign natural or legal persons who bring proceedings or execution in Türkiye must provide the security the court determines for the costs of the proceedings and the other side's loss. The article fixes no percentage, and under art. 48/2 the court exempts the claimant on the basis of reciprocity.
However, the security deposit is waived where:
- Bilateral Treaties: Türkiye has bilateral judicial assistance agreements waiving security with countries including Germany, the UK, Austria, Italy, France, Switzerland, the Netherlands, Russia, Ukraine, Kazakhstan, and Azerbaijan.
- Multilateral Conventions: The plaintiff is a national of a contracting state to the 1954 Hague Convention on Civil Procedure or the 1980 Hague Convention on International Access to Justice.
- De Facto Reciprocity: Turkish citizens are not required to provide security when suing in the courts of that foreign jurisdiction.
Essential Conditions for Tenfiz in Turkish Courts
Under MÖHUK Article 54, Turkish courts will grant enforcement provided the following statutory conditions are satisfied:
- Reciprocity: Contractual, statutory, or de facto reciprocity exists between Türkiye and the state where the judgment was rendered.
- Not within Turkish Exclusive Jurisdiction: The dispute does not fall under areas where Turkish courts have exclusive jurisdiction (e.g. rights in rem over Turkish real estate).
- Public Policy (Kamu Düzeni): The foreign judgment does not clearly violate Turkish public order (the Turkish court cannot review the merits of the case; no révision au fond).
- Right of Defense: The defendant was properly summoned, represented, or default was legally declared in accordance with the laws of the foreign court.
Freezing Turkish Assets Before the Debtor Disposes of Them
Foreign judgment holders can petition Turkish courts for a precautionary attachment (ihtiyati haciz) over the debtor's Turkish assets, real estate, and company shares while the tenfiz lawsuit is ongoing. This prevents the debtor from transferring assets abroad during the proceedings.
Scope. This page is general information about Turkish law and procedure. It is not legal advice, it is not an assessment of your situation, and reading it does not create a lawyer-client relationship. Statutory figures, thresholds and rates are revised periodically — check the current position before relying on any of them. Any particular case turns on its own documents and facts.