Commercial Litigation, International Arbitration, Mediation & Enforcement
We represent multinational corporations, foreign investors, and financial institutions in Turkish commercial disputes. From pre-trial strategy and mandatory mediation to aggressive court litigation, international arbitration representation, and the enforcement of foreign court judgments or arbitral awards, we secure your commercial interests with precision.
Dispute resolution services in Turkey represent the collection of formal legal and procedural mechanisms used to resolve commercial conflicts between domestic and international market participants. Governed by the Turkish Civil Procedure Code (HMK - Law No. 6100), the International Arbitration Law (MTK - Law No. 4686), and the International Private and Civil Procedure Law (MÖHUK - Law No. 5718), dispute resolution encompasses specialized Commercial Court litigation, institutional or ad hoc arbitration, mandatory or voluntary commercial mediation, and the domestic enforcement of foreign arbitral awards or court judgments. An expert dispute resolution Turkey lawyer coordinates these procedures to achieve strategic outcomes, secure asset preservation, and enforce contractual rights.
Strategic Dispute Resolution for International Businesses
Resolving commercial disputes in Turkey requires a comprehensive approach that extends beyond the core legal arguments. When international businesses face a default, breach of contract, or shareholder deadlock, they must navigate a distinct procedural landscape where evidentiary rules, judicial timelines, and asset tracing strategies are closely intertwined.
Our firm specializes in aligning Turkish civil procedure with our clients' commercial and financial objectives. This guide outlines the key phases of dispute resolution—from pre-trial mediation and specialized litigation in Commercial Courts to international arbitration enforcement and asset-freezing injunctions under Turkish law.
1. Pre-Action Strategy & Mandatory Mediation
Before launching a formal lawsuit in Turkish Commercial Courts, parties must evaluate pre-action tools that can establish an advantageous position, secure early evidence, or resolve the dispute amicably. In Turkey, this pre-action assessment is not merely a strategic recommendation; it is often a strict legal requirement under commercial law.
Formal Default Triggers via Turkish Notary Public
Under Article 18/3 of the Turkish Commercial Code (TCC), merchants must send notifications regarding default, contract termination, or cancellation of invoices through specific channels to make them legally effective. The most secure and procedurally unassailable channel is a Turkish Notary Public.
Evidentiary and Procedural Functions
Sending a formal demand notice (ihtarname) through a notary serves several critical functions for cross-border commercial litigation:
Formal Default (Temerrüt): It officially establishes that the counterparty is in default. This default status is the legal trigger required to start calculating default interest (especially commercial default interest, which is significantly higher than the statutory rate) and to claim damages for delayed performance.
Notarial Delivery Record: The notary provides a state-certified record of the exact date the notice was delivered. In subsequent court proceedings, the debtor cannot claim they did not receive the notice or contest the timing of its delivery.
Pre-action Leverage: Receiving a formal, notarized notice signed by Turkish legal counsel signals to a debtor that the creditor is prepared to escalate the matter to execution offices or commercial courts, often prompting settlement discussions.
A poorly drafted demand notice can inadvertently waive rights or miscalculate default dates. Therefore, careful drafting of the legal basis, payment deadlines, interest rates, and reservations of rights is essential before serving the notice.
Amicable Settlement Agreements & Enforceability
When a dispute arises, commercial negotiation often offers the fastest and most cost-effective path to resolution, minimizing court costs and protecting business relationships. However, a handshake deal or informal email correspondence is insufficient to secure your position if the counterparty defaults again.
Drafting a Solid Settlement Agreement
Under the Turkish Code of Obligations (TCO), a settlement agreement (sulh sözleşmesi) must be structured with care to avoid creating new ambiguities. Key components include:
Clear identification of the original debt and the settled amount.
A detailed installment schedule with precise payment dates.
An acceleration clause (muacceliyet kaydı), stating that if the debtor misses a single installment, the entire outstanding balance becomes immediately due.
Specific penalty clauses and interest rates applicable to any default under the settlement terms.
Mutual releases of claims, conditioned strictly upon the full and timely payment of the settled amount.
For maximum security, the signatures of the settlement agreement should be notarized, or the agreement should be executed within a formal mediation framework, which grants it the status of an enforceable court judgment.
Mandatory Commercial Mediation under TCC Article 5/A
Since January 1, 2019, mediation has been a mandatory procedural condition (dava şartı) for commercial lawsuits involving monetary claims, compensation, or payment demands. This means you cannot file a commercial lawsuit in Turkey without first undergoing a formal mediation process.
Procedural Framework & Timelines
The mandatory mediation process follows a strict statutory schedule administered by the Ministry of Justice Mediation Portal:
Application: The plaintiff files an application with the mediation bureau in the competent court's jurisdiction. An official mediator is then appointed from the state registry.
Meetings: The mediator organizes joint meetings with the parties and their legal counsel. The parties must participate in these sessions in good faith. If a party fails to attend the first meeting without a valid excuse, they are penalized by being ordered to pay all subsequent trial costs, even if they ultimately win the lawsuit.
Timeline: The mediator must conclude the proceedings within six (6) weeks from the appointment date. In exceptional cases, this can be extended by a maximum of two (2) weeks.
The Final Minutes (Son Tutanak): If the parties reach an agreement, a detailed settlement protocol is signed. If they do not, the mediator signs a "no-agreement" final protocol, which the plaintiff must attach to their lawsuit petition when filing in Commercial Court.
Direct Enforcement of Settlement Minutes
If the parties reach an agreement, the mediation protocol can be endorsed with an "enforceability certificate" (icra edilebilirlik şerhi) by the court. Crucially, under Article 18/4 of the Mediation Law, if the protocol is signed by the parties, their respective attorneys, and the mediator, it is considered an enforceable document (equivalent to a court judgment) without requiring any court approval. If the debtor defaults on this protocol, the creditor can bypass litigation and go straight to the asset attachment phase under debt collection in Turkey guidelines.
2. Commercial Court Litigation in Turkey
When mandatory mediation does not lead to a settlement, the dispute is resolved through formal litigation. Under Turkish civil procedure, commercial litigation is structured around a series of defined written phases and judicial reviews conducted by specialized Commercial Courts of First Instance (Asliye Ticaret Mahkemeleri).
Step 1: Exchange of Petitions (Dilekçeler Aşaması)
The litigation process officially begins with the filing of the Lawsuit Petition (Dava Dilekçesi) under HMK Article 119. The petition must clearly outline the facts, identify the evidence supporting each claim, state the legal basis, and specify the remedy sought. Once served, the defendant has a strict two (2) week period to submit their Response Petition (Cevap Dilekçesi). In complex cases, the defendant may request a one-time extension of up to one month under HMK Article 127.
Following the response, a second round of exchanges takes place: the plaintiff files a Replication Petition (Cevaba Cevap), and the defendant files a Duplication Petition (İkinci Cevap), each subject to the same strict two-week deadlines. Once this exchange of petitions phase is completed, the parties cannot introduce new claims, defenses, or physical evidence, except under limited statutory exceptions (such as newly discovered facts).
After the petitions are exchanged, the court schedules a Preliminary Examination Hearing (Ön İnceleme Duruşması) under HMK Article 137. In this phase, the judge examines procedural prerequisites (such as subject-matter jurisdiction, the mediation report, and the plaintiff's standing). The judge also reviews preliminary objections, such as arbitration clauses or improper venue claims.
During this hearing, the court identifies the specific areas of dispute between the parties and invites them to settle. If settlement is declined, the court records the disputed issues in a formal protocol, which establishes the scope of the subsequent investigation phase. The court also sets deadlines for the parties to submit any outstanding evidence or request records from third parties.
Step 3: The Investigation Stage (Tahkikat Aşaması)
The investigation stage (tahkikat) is the core phase of Turkish commercial litigation, during which the court gathers and evaluates the evidence. This phase includes examining witness statements, requesting records from banks or public institutions, and conducting audits of the parties' corporate books.
The Role of Court-Appointed Experts (Bilirkişi): Under Turkish civil procedure, judges frequently refer technical, financial, or accounting issues to court-appointed experts. These experts review the evidence and submit a written report to the court. While not binding, these reports are highly influential. The parties have two weeks to file written objections to the report and request clarification or a new expert review if necessary.
Step 4: Oral Argument and Final Judgment (Sözlü Yargılama ve Hüküm)
Once the investigation phase is complete and all evidence has been evaluated, the court transitions to the Oral Argument Phase (Sözlü Yargılama). The court schedules a final hearing, inviting the parties to present their closing arguments based on the evidence collected during the trial.
Following these closing statements, the judge reads the operative portion of the judgment (tefhim), which decides the claims and allocates court costs and statutory attorney fees. The court then has one month to draft and publish the reasoned judgment (gerekçeli karar), which is officially served to both parties and starts the appeals timeline.
Step 5: Appeal to the Regional Appellate Court (İstinaf)
If a party is unsatisfied with the first-instance judgment, they can file an appeal (istinaf) with the Regional Appellate Court (Bölge Adliye Mahkemesi - BAM) within two (2) weeks of receiving the reasoned decision. The appeal suspends the execution of most monetary judgments, unless the creditor initiates execution and the debtor fails to obtain a stay of execution by depositing a bank guarantee covering the full judgment amount.
The Regional Appellate Court reviews the case on both factual and legal grounds. It can review the evidence, hold hearings, or order new expert reports. The BAM then issues a decision either confirming the first-instance judgment, reversing it, or rendering a new judgment on the merits.
Step 6: High Court Review by the Court of Cassation (Temyiz)
For commercial disputes that exceed a statutory monetary threshold (updated annually), the BAM appellate decision can be appealed to the Court of Cassation (Yargıtay) within two (2) weeks of service. The Court of Cassation does not re-examine the facts or gather new evidence.
Its review is limited to matters of law, procedural compliance, and constitutional alignment. The Court of Cassation can either uphold the appellate decision (onama) or reverse it (bozma), sending the case back to the BAM or the first-instance court for review in accordance with its instructions. Once the Court of Cassation upholds the decision or the appeals timeline expires, the judgment becomes final and binding (kesinleşir), allowing for formal execution.
3. Arbitration & Alternative Dispute Resolution (ADR)
For international commercial contracts, litigation in domestic courts is frequently replaced by arbitration. Arbitration offers a private, neutral, and specialized forum to resolve disputes, and arbitral awards are highly enforceable globally under international treaties.
International Arbitration Law (MTK)
Arbitration proceedings seated in Turkey that involve a foreign element are governed by the International Arbitration Law (Law No. 4686 - MTK).
Enforcing Foreign Arbitral Awards
Turkey's alignment with the New York Convention allows for the enforcement of international arbitral awards through Turkish courts under a structured framework.
Istanbul Arbitration Centre (ISTAC)
ISTAC provides a modern institutional framework for dispute resolution, offering fast-track arbitration and cost-effective procedures.
International Arbitration Law (Law No. 4686 - MTK)
Enacted in 2001, the MTK is largely based on the UNCITRAL Model Law, establishing a pro-arbitration legal framework for disputes seated in Turkey that involve a "foreign element" (such as a party having a foreign domicile, or a key portion of the contract being executed abroad).
Key Principles & Court Assistance
The MTK limits court intervention in the arbitral process while providing mechanisms for judicial support:
Separability of the Arbitration Clause: Under Article 4, the arbitration clause is treated as an independent agreement. The invalidity or termination of the main commercial contract does not automatically invalidate the arbitration clause.
Competence-Competence: The arbitral tribunal has the authority to rule on its own jurisdiction, including objections regarding the existence or validity of the arbitration agreement.
Interim Relief Support: Under Article 6, parties can request interim injunctions (ihtiyati tedbir) or provisional attachment orders (ihtiyati haciz) from competent state courts before or during the arbitration proceedings to secure their claims.
Setting Aside Arbitral Awards: An arbitral award rendered under the MTK can only be challenged through a setting-aside lawsuit (iptal davası) before the BAM Regional Court, based on limited procedural grounds (such as public policy violations, non-arbitrability, or lack of proper notice). The BAM does not review the merits of the dispute.
Enforcing Foreign Arbitral Awards under the New York Convention
Turkey has been a party to the 1958 New York Convention since 1992, subject to two standard reservations: the award must have been rendered in a state that is also a party to the Convention (reciprocity), and the dispute must be considered commercial under Turkish law.
Enforcement Framework under MÖHUK
The enforcement of foreign arbitral awards is governed by MÖHUK Articles 60 to 63, which incorporate the grounds for refusal set out in Article V of the New York Convention. To enforce an award, the creditor must file an enforcement petition with the competent Turkish court, attaching the original or a certified copy of the award and the arbitration agreement, along with notarized Turkish translations.
Strict Grounds for Refusal (No Merits Review)
The Turkish court cannot review the merits of the dispute (prohibition of révision au fond). It can only refuse enforcement on limited procedural grounds, including:
The arbitration agreement was invalid under its applicable law.
The party against whom the award was rendered was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings, or was otherwise unable to present their case (due process violation).
The award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission.
The composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place.
The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.
The subject matter of the dispute is not capable of settlement by arbitration under Turkish law (e.g., real estate disputes in Turkey).
The recognition or enforcement of the award would be contrary to Turkish public policy (kamu düzeni).
Istanbul Arbitration Centre (ISTAC) & Institutional Rules
Established as an independent, modern institutional arbitration body, the Istanbul Arbitration Centre (ISTAC) provides dispute resolution services for both domestic and international commercial disputes. ISTAC's rules align with international standards, offering a flexible and cost-effective alternative to court litigation.
Key Procedural Features of ISTAC
Fast-Track Arbitration: For disputes below a statutory monetary threshold, ISTAC automatically applies its Fast-Track Arbitration Rules. The sole arbitrator must render the final award within three (3) months from the transmission of the file, providing a rapid resolution path.
Emergency Arbitrator Rules: Parties requiring urgent interim relief before the tribunal is constituted can apply for the appointment of an Emergency Arbitrator. The emergency arbitrator can grant interim measures or orders within days of appointment.
Modern Fee Structure: ISTAC's administration and arbitrator fees are calculated on a sliding scale based on the claim size, often proving more cost-effective than standard commercial litigation.
Neutrality and Language: Parties are free to determine the language of the arbitration, the applicable substantive law, and the seat of arbitration. The ISTAC Board of Arbitration includes international arbitration specialists, ensuring a neutral and professional process.
4. Recognition and Enforcement of Foreign Court Judgments (Tenfiz)
Unlike arbitral awards, which are governed by global conventions, foreign court judgments do not have automatic enforceability in Turkey. To execute a foreign court decision against a debtor in Turkey, the creditor must file a formal Recognition and Enforcement lawsuit (Tanıma ve Tenfiz Davası) under MÖHUK Law No. 5718.
The Distinction Between Recognition (Tanıma) and Enforcement (Tenfiz)
MÖHUK draws a clear procedural distinction between these two forms of relief:
Recognition (Tanıma): Governed by MÖHUK Article 58, recognition establishes the foreign judgment as definitive evidence (kesin delil) or a final binding decision (kesin hüküm) before Turkish courts. It is used when a party wants to rely on a foreign judgment as a defense or to prove a status (e.g., establishing a corporate release or bankruptcy status).
Enforcement (Tenfiz): Governed by MÖHUK Article 50, enforcement grants the foreign judgment the authority of a domestic execution order. It is required when a creditor seeks to take enforcement action (such as freezing bank accounts or seizing real estate) to satisfy a monetary judgment in Turkey.
Statutory Requirements for Tenfiz under MÖHUK Article 54
To grant an enforcement order, the Turkish court evaluates specific statutory criteria without re-examining the merits of the foreign case (prohibition of révision au fond):
Reciprocity (Karşılıklılık): There must be a reciprocity agreement (bilateral treaty), a multilateral convention, or de facto reciprocity between Turkey and the rendering country. For example, de facto reciprocity is established for most German and UK commercial judgments, but reciprocity with certain US states requires careful analysis of state-specific precedents.
No Exclusive Jurisdiction: The judgment must not concern a subject matter that falls under the exclusive jurisdiction of Turkish courts (e.g., disputes involving ownership of real estate located in Turkey, or certain insolvency and corporate registry matters).
Due Process & Proper Service: The defendant must have been properly served and summoned to the foreign court in accordance with the laws of that country, and must have had an opportunity to defend themselves. Judgments rendered in default without proper service will be refused enforcement.
Public Policy Compatibility: The foreign judgment must not violate Turkish public policy (kamu düzeni). In commercial matters, this check is rarely triggered, but issues can arise regarding punitive damages, excessive interest rates, or judgments that violate fundamental principles of Turkish civil law.
5. Interim Measures and Asset Security
During commercial litigation or arbitration, there is a risk that the counterparty may hide assets, transfer property, or transfer funds to other jurisdictions to avoid future enforcement. To prevent this, Turkish law provides interim protection measures to secure claims before a final judgment is rendered.
Interim Injunctions (İhtiyati Tedbir)
Governed by HMK Articles 389 to 399, an Interim Injunction is designed to preserve a specific status quo or secure a disputed asset. It is granted if the plaintiff demonstrates that a change in the current situation would make it difficult or impossible to realize their right, or would cause serious damage or irreparable harm. The injunction can order the counterparty to perform or refrain from performing a specific act, or it can place a disputed asset in the custody of a court-appointed trustee.
Provisional Attachment (İhtiyati Haciz)
For money claims, the primary protection tool is a Provisional Attachment under Article 257 of the Execution and Bankruptcy Law. This order allows a creditor to freeze the debtor's bank accounts, real estate, and other commercial assets before a judgment is obtained. The creditor must show prima facie evidence of a mature, unsecured debt, and deposit a security (typically 10-15% of the claim size) to cover potential damages to the debtor if the claim is ultimately found invalid. For more information, please review our guide on strategic asset protection in Turkiye.
Under Article 48 of MÖHUK, foreign plaintiffs who file a lawsuit, initiate execution proceedings, or request interim injunctions in Turkey must deposit a litigation security (teminat) to cover potential court fees and the defendant's costs. The court determines the security amount, typically setting it at 10% to 15% of the disputed amount. However, this requirement is waived based on reciprocity. For example, foreign plaintiffs from member states of the Hague Convention on Civil Procedure, or countries with bilateral legal assistance treaties with Turkey (such as the UK, Germany, and Switzerland), are exempt from this deposit requirement.
6. Timeline and Cost Analysis of Disputes in Turkey
Developing a realistic budget and timeline is essential for evaluating the commercial viability of a dispute. The table below outlines the estimated durations and key features of the primary dispute resolution pathways in Turkey.
Dispute Pathway
First-Instance Timeline
Appellate Timeline
Key Features & Risks
Mandatory Mediation
6–8 weeks
N/A (Settlement or Deadlock)
Low cost, highly confidential. If successful, the final agreement is directly enforceable.
Commercial Litigation
12–24 months
12–24 months (İstinaf + Yargıtay)
Subject to court workloads and expert report delays. Appeals can suspend execution.
ISTAC Arbitration
6–12 months
N/A (Final Award)
Private, expert arbitrators. Fast-track options completed within 3 months.
Foreign Award Enforcement
6–12 months
6–12 months (Appeals)
Governed by the New York Convention. No review on the merits; fast procedural check.
Foreign Judgment Tenfiz
6–12 months
6–12 months (Appeals)
Requires proving reciprocity (MÖHUK 54). Public policy and exclusive jurisdiction checks apply.
Key Cost Components in Turkish Dispute Resolution
Proportional Court Fees (Nisbi Harç): For claims involving a specific monetary value, the court fee is calculated as a percentage of the claim (approximately 6.831%). One-quarter of this total proportional fee must be paid upfront during filing. The remaining three-quarters are paid by the losing party upon the court's final judgment.
Fixed Court Fees (Maktu Harç): Applied to non-monetary lawsuits, recognition lawsuits (recognition-only), and setting-aside claims. These are flat fees determined by the statutory tariff.
Court-Appointed Expert Fees (Bilirkişi Ücreti): The court orders the parties to deposit an advance for expert fees. The court determines this amount, which typically ranges from 3,000 TRY to 15,000 TRY per expert report, depending on the complexity of the case.
Statutory Attorney Fees (AAÜT): Governed by the official Avukatlık Asgari Ücret Tarifesi (AAÜT). Upon rendering a judgment, the court orders the losing party to pay official attorney fees to the prevailing party's attorney. These statutory fees are calculated as a percentage of the disputed amount, separate from any private fee agreements.
Frequently Asked Questions: Dispute Resolution in Turkey
Answers to common questions regarding litigation, arbitration, mediation, and award enforcement in Turkey.
Yes. Under Article 5/A of the Turkish Commercial Code, commercial mediation is a mandatory procedural condition (dava şartı) for lawsuits involving payment or compensation claims. If a plaintiff files a lawsuit without first applying for mediation and obtaining a final "no-agreement" minutes, the court will dismiss the case on procedural grounds without reviewing the merits.
Yes. Foreign companies have full standing to file lawsuits against Turkish entities before Turkish courts. However, under Article 48 of MÖHUK, foreign plaintiffs are generally required to deposit a litigation security (teminat) to cover potential court fees and the defendant's costs. This requirement is waived if there is reciprocity (e.g., through bilateral treaties or multilateral conventions like the Hague Convention on Civil Procedure).
A commercial lawsuit in the first-instance court typically takes 12 to 24 months, depending on the complexity of the evidence and the frequency of expert reports. Appeal proceedings before the BAM Regional Court and the Court of Cassation can add an additional 12 to 24 months to the timeline.
Yes. A foreign court judgment can be enforced in Turkey through a Recognition and Enforcement lawsuit (Tanıma ve Tenfiz) under MÖHUK. The court reviews specific statutory criteria (such as reciprocity, finality under the rendering country's laws, due process, and public policy) without re-examining the merits of the case.
Foreign arbitral awards are enforced in Turkey under the New York Convention and MÖHUK. The creditor files an enforcement petition with the competent Commercial Court, which checks procedural grounds (such as the validity of the arbitration agreement, proper notice, and public policy compatibility) without reviewing the substance of the dispute. Turkey's participation in the New York Convention provides a reliable framework for enforcement.
Article 48 of MÖHUK requires foreign individuals or entities filing a lawsuit, executing a judgment, or requesting an interim injunction in Turkey to deposit a security (typically 10-15% of the claim size). This deposit covers potential court costs and the counterparty's legal fees. It is waived for plaintiffs from countries that share bilateral legal assistance treaties or multilateral conventions (such as the Hague Convention) with Turkey.
Court-appointed experts (bilirkişi) play a central role in Turkish civil litigation. Because commercial cases often involve complex financial, accounting, or technical issues, judges frequently refer the files to a panel of experts. The experts review corporate books, contracts, and delivery documents, and submit a written report. While not technically binding, these reports are highly influential, and judges rarely rule contrary to their findings.
Yes. Creditors can apply for a Provisional Attachment (İhtiyati Haciz) for monetary claims under the Execution and Bankruptcy Law (EBL), or an Interim Injunction (İhtiyati Tedbir) for specific property disputes under the HMK. A provisional attachment order can be obtained ex parte within 24 to 72 hours if the creditor provides prima facie evidence of a mature, unsecured debt, and deposits the required security.
The primary costs include proportional court fees (nisbi harç), which total approximately 6.831% of the claim size. One-quarter of this fee must be paid upfront during filing, and the remainder is paid by the losing party upon final judgment. Other costs include expert witness fees, translation and notarization costs, publication fees, litigation security (if applicable), and statutory attorney fees.
Yes. Under Turkish law, the court orders the losing party to pay the prevailing party's official statutory attorney fees (vekâlet ücreti), calculated based on the official Avukatlık Asgari Ücret Tarifesi (AAÜT). These fees are proportional to the claim size and are distinct from the private fee arrangement between the client and their attorney.
Commercial disputes are handled by specialized Commercial Courts of First Instance (Asliye Ticaret Mahkemeleri). In districts where no separate Commercial Court exists, the standard Civil Courts of First Instance (Asliye Hukuk Mahkemeleri) handle the dispute in the capacity of a Commercial Court.
Under the Turkish Code of Obligations, the default statute of limitations for contractual claims is ten (10) years. However, shorter periods apply to specific types of contracts, such as five (5) years for agency, rent, employment, and construction contracts.
Yes, Turkey recognizes both ad hoc and institutional arbitration. Ad hoc arbitration is governed by the International Arbitration Law (MTK) if a foreign element is present, or by the Civil Procedure Code (HMK) for domestic disputes. The rules agreed upon by the parties or designated by the tribunal will govern the proceedings.
Yes. If the parties reach a settlement during mediation, they can request an execution enforcement certificate (icra edilebilirlik şerhi) from the competent court. If the mediation was conducted with the participation of the parties' attorneys, the mediation agreement signed by the parties and their attorneys is treated as an enforceable court judgment under Article 18/4 of the Mediation Law, without needing a court endorsement.
If a debtor refuses to comply with a judgment, the creditor must initiate formal enforcement proceedings with judgment (ilamlı icra) through the Execution Offices. The Execution Office will serve a compulsory execution order, giving the debtor seven days to comply. Failure to comply allows the creditor to immediately seize bank accounts, real estate, and other commercial assets.
8. Turkish Dispute Resolution Glossary
Key procedural terms you will encounter during litigation, mediation, and arbitration in Turkey.
HMK
Code of Civil Procedure
Law No. 6100 (Hukuk Muhakemeleri Kanunu), which governs the procedural rules, filing timelines, evidentiary requirements, and appellate pathways for commercial and civil disputes in Turkey.
MÖHUK
Private International Law
Law No. 5718 (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun), which governs jurisdiction, choice of law, litigation security (teminat), and recognition or enforcement of foreign court judgments.
MTK
International Arbitration Law
Law No. 4686 (Milletlerarası Tahkim Kanunu), based on the UNCITRAL Model Law, which governs arbitration proceedings seated in Turkey that involve a foreign element.
Bilirkişi
Court-Appointed Expert
Technical or financial specialists appointed by a judge during the investigation phase of a lawsuit to examine corporate books, trade practices, and technical disputes, submitting a written report.
Official Sources and Government Resources
Primary public institutions, legislation portals, and legal databases relevant to dispute resolution in Turkey.