Legal Services for United Kingdom Companies

Expert Dispute Resolution & Corporate Discovery for United Kingdom Enterprises in Türkiye

Trade volume between Turkey and the United Kingdom has surged following the post-Brexit Free Trade Agreement. However, for British companies, navigating the Turkish legal landscape—rooted in Civil Law rather than Common Law—can be challenging.

At Turkish Trade Lawyers, we bridge the gap. We provide specialized litigation, debt recovery, and corporate intelligence services tailored for United Kingdom entities, ensuring your rights are enforced under the International Private and Procedure Law (MÖHUK).

1. Litigation: Bridging the "Common Law" Gap

In the United Kingdom, litigation often involves a heavy "Discovery" phase where all documents are shared. In Turkey, the burden of proof lies strictly with the plaintiff. We manage this transition for you.

• Commercial Court of First Instance (Asliye Ticaret Mahkemesi): We represent UK firms in complex commercial disputes.
• Mandatory Mediation (Dava Şartı Arabuluculuk): Under Turkish Commercial Code, you generally cannot file a lawsuit for monetary claims without first attempting mediation. We represent British clients in these mediation sessions to achieve quick settlements (often in 4-8 weeks) without entering the lengthy court system.
• Security for Costs (Cautio Judicatum Solvi): Under MÖHUK Article 48, foreign plaintiffs are often required to deposit a security fee. However, we argue for exemptions based on reciprocity principles between Turkey and the United Kingdom.

2. Enforcement of UK Judgments in Turkey (Tanıma ve Tenfiz)

If you have won a court case in London, it is not automatically valid in Istanbul. We execute the "Enforcement Lawsuit" (Tenfiz Davası) to make your UK judgment collectible in Turkey.

• The Prerequisite: The ruling from the United Kingdom court must be final and binding.
• Reciprocity: While there is no specific bilateral enforcement treaty for all civil matters, we leverage "de facto reciprocity" and specific conventions to validate British court decisions.
• Arbitral Awards: Turkey is a signatory to the New York Convention. If your contract with a Turkish partner has an arbitration clause (e.g., LCIA), enforcing these awards is significantly faster than local court judgments.

3. Corporate Discovery & Due Diligence (Delil Tespiti)

"Discovery" as known in the UK/US does not exist in Turkey. However, we utilize the "Determination of Evidence" (Delil Tespiti) mechanism under the Code of Civil Procedure (HMK).

Before you sue or partner with a Turkish firm, we conduct a forensic legal audit:

• Asset Tracing: Locating real estate, vehicles, and registered shares owned by the debtor.
• Trade Registry Analysis: Verifying the signatory authorities and capital structure via MERSIS (Central Registry System).
• Bankruptcy Check: Determining if the Turkish counterparty has filed for Konkordato (Concordat) or is in bankruptcy proceedings.

4. Service of Process (Tebligat)

Proper notification is the backbone of Turkish litigation. Since both Turkey and the United Kingdom are parties to the Hague Convention on the Service Abroad, strict protocols must be followed.

Our Solution: We handle the official notification process through the Public Prosecutor’s office and the Ministry of Justice to ensure your legal deadlines are preserved.

FAQ: Legal Concerns for British Investors

Q: Can I sue a Turkish company in English courts?

A: Yes, if your contract grants jurisdiction to UK courts. However, enforcing that judgment in Turkey requires a separate "Enforcement Lawsuit." Often, suing directly in Turkey is faster for asset recovery.

Q: Is arbitration better than Turkish Courts for UK firms?

A: Generally, yes. Arbitration (ISTAC or International) avoids the backlog of local courts and offers proceedings in English. We strongly recommend arbitration clauses in Turkey-UK contracts.

Q: How long does a commercial lawsuit take in Turkey?

A: A typical commercial case in First Instance Courts can take 12-18 months. Appeal stages may add time. This is why our strategy prioritizes Mandatory Mediation and Pre-judgment Attachments (İhtiyati Haciz) to secure assets early.