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 initiate legal proceedings or execution in Türkiye are normally required to provide a court security deposit (teminat), typically set around 10% to 15% of the disputed claim, to secure potential costs and damages.
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
Under Court of Cassation (Yargıtay) jurisprudence, 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.