Turkish International Private Procedural Code

PART ONE Private International Law

CHAPTER ONE General Provisions
Scope

ARTICLE 1 – (1) The law applicable to transactions and relations related to private law that contain a foreign element, the international jurisdiction of Turkish courts, and the recognition and enforcement of foreign decisions are regulated by this Law.

(2) The provisions of international agreements to which the Republic of Türkiye is a party are reserved.

Application of foreign law

ARTICLE 2 – (1) The judge shall apply the Turkish conflict of laws rules and the foreign law that is competent according to these rules ex officio. The judge may request the assistance of the parties in determining the content of the competent foreign law.

(2) If the relevant provisions of foreign law cannot be determined despite all research, Turkish law shall apply.

(3) The conflict of laws rules of the applicable foreign law that authorize another law shall be taken into account only in conflicts concerning personal law and family law, and the substantive law provisions of this law shall be applied.

(4) In cases where the opportunity to choose the applicable law is given, the substantive law provisions of the chosen law shall apply unless the parties expressly agree otherwise.

(5) If the state whose law is to be applied has two or more regional units and these units have different legal systems, the regional law to be applied is determined according to the law of that state. In the absence of a decisive provision in the law of that state, the regional law most closely related to the dispute is applied.

Variable conflicts

ARTICLE 3 – (1) In cases where the competent law is determined based on the principles of citizenship, place of residence or habitual residence, the citizenship, place of residence or habitual residence at the date of the lawsuit shall be taken into account, unless otherwise provided.

Competent law based on citizenship

ARTICLE 4 – (1) In cases where the competent law is determined based on citizenship in accordance with the provisions of this Law, unless otherwise provided in this Law;

1. a) For stateless persons and refugees, the place of residence, if none exists, the habitual residence, and if none exists, the law of the country where they are located on the date of the lawsuit,
2. b) Turkish law for those who have citizenship of more than one state, if they are also Turkish citizens,
3. c) For those who have citizenship of more than one state but are not Turkish citizens, the law of the state with which they have closer relations,

is applied.

Violation of public order

ARTICLE 5 – (1) If the provision of the competent foreign law applied to a specific case is clearly contrary to Turkish public order, this provision shall not be applied; in cases deemed necessary, Turkish law shall be applied.

Directly applicable rules of Turkish law

ARTICLE 6 – (1) In cases where the competent foreign law is applied, that rule shall be applied in cases that fall within the scope of the directly applicable rules of Turkish law in terms of regulatory purpose and field of application.

Form in legal transactions

ARTICLE 7 – (1) Legal transactions may be carried out in accordance with the form prescribed by the law of the country in which they are carried out or by the substantive law provisions of the law competent on the substance of that legal transaction.

Statute of Limitations

ARTICLE 8 – (1) Statute of limitations is subject to the law applicable to the substance of the legal transaction and relationship.

CHAPTER TWO

Conflict of Laws Rules

Driving licence

ARTICLE 9 – (1) Rights and legal capacity are subject to the national law of the person concerned.

(2) A person who is incompetent according to national law is bound by the legal transaction he has made if he is competent according to the law of the country where the transaction is made. Transactions related to family and inheritance law and real rights over real estate in another country are excluded from this provision.

(3) The adulthood acquired by a person in accordance with national law does not end with the change of citizenship.

(4) The rights and legal capacity of legal entities or groups of persons or assets are subject to the law of the administrative centre in their status. However, if the actual administrative centre is in Türkiye, Turkish law may be applied.

(5) The capacity of legal entities without status and groups of persons or assets without legal personality is subject to the law of the actual administrative centre.

Guardianship, restriction and trusteeship

ARTICLE 10 – (1) The reasons for granting or terminating a guardianship or restriction decision are subject to the national law of the person for whom the guardianship or restriction decision is sought to be granted or terminated.

(2) In cases where it is not possible to make a guardianship or restriction decision according to the national law of the foreigner, if the person’s habitual residence is in Türkiye, the guardianship or restriction decision may be made or lifted according to Turkish law. In cases where the person is in Türkiye forcibly, Turkish law shall also apply.

(3) All matters related to restriction or guardianship and trusteeship, other than the reasons for the decision to grant or terminate guardianship or restriction, are subject to Turkish law.

Being missing or considered dead

ARTICLE 11 – (1) The decision to declare someone missing or dead is subject to the national law of the person about whom the decision will be made. If the property of the person about whom the decision to declare someone missing or dead cannot be made according to national law is located in Turkey or if the spouse or one of the heirs is a Turkish citizen, the decision to declare someone missing or dead is made according to Turkish law.

Engagement

ARTICLE 12 – (1) The capacity and conditions for engagement are subject to the national law of each party at the time of engagement.

(2) Common national law shall apply to the provisions and consequences of engagement, and if the parties have different citizenships, Turkish law shall apply.

Marriage and its general provisions

ARTICLE 13 – (1) The capacity and conditions for marriage are subject to the national law of each party at the time of marriage.

(2) The law of the country where the marriage takes place is applied to the form of marriage.

(3) The general provisions of marriage are subject to the common national law of the spouses. If the parties have different citizenships, the law of their common habitual residence shall apply; if not, Turkish law shall apply.

Divorce and separation

ARTICLE 14 – (1) The reasons and provisions for divorce and separation are subject to the common national law of the spouses. If the parties have different citizenships, the law of their common habitual residence shall apply, otherwise, Turkish law shall apply.

(2) The provision in the first paragraph shall apply to alimony claims between divorced spouses. This provision also applies in the event of separation and nullity of marriage.

(3) Custody and issues related to custody in divorce are also subject to the provision of the first paragraph.

(4) Turkish law applies to requests for interim measures.

Marital property

ARTICLE 15 – (1) Regarding the matrimonial property, the spouses may expressly choose either their habitual residence or national law at the time of marriage; if such a choice is not made, the joint national law of the spouses at the time of marriage shall apply; if this is not the case, the law of their joint habitual residence at the time of marriage shall apply; if this is not the case, Turkish law shall apply.

(2) In the liquidation of assets, the law of the country where the real estate is located shall apply.

(3) Spouses who have a new common law after marriage may be subject to this new law, subject to the rights of third parties.

Establishing lineage

ARTICLE 16 – (1) The establishment of lineage is subject to the national law of the child at the time of birth, or if this cannot be established, to the law of the child’s habitual residence. If lineage cannot be established according to these laws, it is subject to the national law of the mother or father at the time of the child’s birth, or if this cannot be established according to these, it is subject to the law of the mother’s or father’s joint habitual residence at the time of the child’s birth, or if this cannot be established according to these, it is subject to the law of the child’s place of birth.

(2) The annulment of lineage is subject to the law under which it was established.

Provisions on lineage

ARTICLE 17 – (1) The provisions of lineage are subject to the law that established lineage. However, if the mother, father and child have a common national law, that law applies to the provisions of lineage; if not, the law of common habitual residence applies.

Adoption

ARTICLE 18 – (1) The capacity and conditions for adoption are subject to the national law of each party at the time of adoption.

(2) The national laws of the spouses shall be applied together with regard to the adoption and the consent of the other spouse to the adoption.

(3) The provisions of adoption are subject to the national law of the adopter, and in the case of joint adoption by spouses, to the law regulating the general provisions of marriage.

Alimony

ARTICLE 19 – (1) Alimony claims are subject to the law of the alimony creditor’s habitual residence.

Heritage

ARTICLE 20 – (1) Inheritance is subject to the national law of the deceased. Turkish law applies to real estate located in Turkey.

(2) Provisions regarding the reasons for opening the inheritance, its acquisition and distribution are subject to the law of the country where the estate is located.

(3) The estate without heirs located in Türkiye shall be transferred to the State.

(4) The provisions of Article 7 shall apply to the form of testamentary disposition. Testamentary dispositions made in accordance with the national law of the deceased are also valid.

(5) Testamentary capacity is subject to the national law of the person making the disposition at the time the disposition is made.

Real rights

ARTICLE 21 – (1) The right of ownership and other real rights over movable and immovable properties are subject to the law of the country where the goods are located at the time of the transaction.

(2) The law of the place of destination shall apply to real rights on the goods in transit.

(3) In case of change of location, rights in rem that have not yet been acquired are subject to the law of the country where the property was last located.

(4) The law of the country where these properties are located shall apply in terms of form to legal transactions regarding real rights on real properties.

Transport vehicles

ARTICLE 22 – (1) Real rights on air, sea and rail transport vehicles are subject to the law of the country of origin.

(2) The country of origin is the registry office where real rights are registered in air and sea transport vehicles, or if there is no such registry office in sea transport vehicles, the port of connection, and the license office in rail transport vehicles.

Law applicable to rights related to intellectual property

ARTICLE 23 – (1) Rights related to intellectual property are subject to the law of the country in which protection is sought.

(2) The parties may decide to apply the law of the court after the violation regarding claims arising from the violation of intellectual property rights.

Applicable law in contractual debt relations

ARTICLE 24 – (1) Contractual obligations are subject to the law expressly chosen by the parties. The choice of law that can be understood without any hesitation from the provisions of the contract or the circumstances of the case is also valid.

(2) The parties may decide that the chosen law will apply to all or part of the contract.

(3) The choice of law can be made or changed by the parties at any time. The choice of law after the conclusion of the contract is valid retroactively, without prejudice to the rights of third parties.

(4) If the parties have not chosen a law, the law that is most closely related to the contract shall apply to the relationship arising from the contract. This law shall be the law of the habitual residence of the characteristic performance debtor at the time of the conclusion of the contract, the workplace of the characteristic performance debtor in contracts established for commercial or professional activities, or if there is none, the law of the place of residence, and if the characteristic performance debtor has more than one workplace, the workplace law that is most closely related to the contract in question. However, if there is a law that is more closely related to the contract according to all the circumstances of the case, the contract shall be subject to this law.

Contracts regarding real estate

ARTICLE 25 – (1) Contracts regarding real estate or their use are subject to the law of the country where the real estate is located.

Consumer contracts

ARTICLE 26 – (1) Consumer contracts for the provision of goods or services or credit for non-professional or non-commercial purposes are subject to the law chosen by the parties, without prejudice to the minimum protection that the consumer will have under the mandatory provisions of the law of his/her habitual residence.

(2) If the parties have not made a choice of law, the law of the consumer’s habitual residence shall apply. In order for the law of the consumer’s habitual residence to be applied;

1. a) The contract was established in the country where the consumer has his/her habitual residence, upon a special invitation sent to him/her or as a result of an announcement, and the legal acts required by the consumer to establish the contract were performed in that country, or
2. b) The other party or its representative has received the consumer’s order in this country or
3. c) If the relationship is a sales contract, the seller has organized a trip to persuade the consumer to buy and the consumer has gone to a different country from the country he is in and placed his order there,

should be.

(3) The law of the consumer’s habitual residence shall apply to the form of consumer contracts concluded under the conditions in the second paragraph.

(4) This article does not apply to contracts of carriage, with the exception of package tours, and contracts requiring the consumer to provide services in a country other than the country of his habitual residence.

Employment contracts

ARTICLE 27 – (1) (Amended: 4/6/2025-7550/18 art.) Employment contracts are subject to the law determined by the parties in the contract, without prejudice to the minimum protection that the worker will have in accordance with the mandatory provisions of the customary workplace law.

(2) If the parties have not chosen a law, the law of the workplace where the employee habitually performs his/her work shall apply to the employment contract. If the employee temporarily performs his/her work in another country, this workplace shall not be considered as his/her habitual workplace.

(3) If the employee does not habitually perform his job in a particular country but continuously performs it in more than one country, the employment contract is subject to the law of the country where the employer’s main workplace is located.

(4) (Amended: 4/6/2025-7550/18 art.) However, if there is a law more closely related to the employment contract, excluding the provisions of the law of the place where the work is performed that must be applied at the time the work is performed, according to all the circumstances of the case, this law may be applied to the contract instead of the provisions of the first, second and third paragraphs.

Agreements regarding intellectual property rights

ARTICLE 28 – (1) Contracts regarding intellectual property rights are subject to the law chosen by the parties.

(2) If the parties have not chosen a law, the law of the place of business or habitual residence of the party transferring the intellectual property right or its use at the time of the conclusion of the contract shall apply to the relationship arising from the contract. However, if there is a law that is more closely related to the contract according to all the circumstances of the case, the contract shall be subject to this law.

(3) The law governing the employment contract shall apply to contracts between the employee and the employer regarding the intellectual property rights over the intellectual products created by the employee within the scope of his/her work and during the performance of his/her work.

Contracts regarding the carriage of goods

ARTICLE 29 – (1) Contracts regarding the transportation of goods are subject to the law chosen by the parties.

(2) If the parties have not made a choice of law, if the country where the carrier’s principal place of business is located at the time of the conclusion of the contract is also the country where loading or unloading takes place or the country where the sender’s principal place of business is located, this country is deemed to be the country most closely associated with the contract and the law of this country shall apply to the contract. Single-trip charter contracts and other contracts whose main subject is the carriage of goods are also subject to the provisions of this article.

(3) If, considering all the circumstances of the case, there is a law that is more closely related to the contract for the carriage of goods, this law shall apply to the contract.

Power of attorney

ARTICLE 30 – (1) The authority to represent arising from the legal relationship between the representative and the principal is subject to the law applicable to the contractual relationship between them.

(2) The conditions required for an act of the representative to bind the principal to a third party are governed by the law of the representative’s workplace. In cases where the representative does not have a workplace or is not known to the third party or where the authority is exercised outside the workplace, the authority to represent is subject to the law of the country where the authority is actually exercised. In the case of unauthorized representation, the provision of this paragraph also applies to the relationship between the representative and the third party.

(3) If there is an employment relationship between the representative and the principal and the representative does not have an independent workplace, the authority to represent is subject to the law of the country where the principal’s workplace is located.

Directly applicable rules

ARTICLE 31 – (1) When applying the law governing the contractual relationship, the directly applicable rules of the law of a third state may be given effect if they are closely related to the contract. In determining whether to give effect to the rules in question and whether to apply them, the purpose, nature, content and consequences of these rules shall be taken into consideration.

Existence and material validity of the contractual relationship

ARTICLE 32 – (1) The existence and material validity of a contractual relationship or a provision thereof are subject to the law that would apply if the contract were valid.

(2) If it is understood from the circumstances of the case that it would not be fair to rule on the conduct of one of the parties and subject it to the applicable law, the law of the country where the party claiming lack of consent has its habitual residence shall apply to the existence of the declaration of intent.

Manner of performance and precautions

ARTICLE 33 – (1) Regarding the acts and transactions carried out during the performance and the measures related to the protection of goods, the law of the country where these acts or transactions were carried out or measures were taken shall be taken into account.

Torts

ARTICLE 34 – (1) Obligations arising from a tort are subject to the law of the country where the tort was committed.

(2) If the place where the tort was committed and the place where the damage occurred are in different countries, the law of the country where the damage occurred shall apply.

(3) If the debt relationship arising from the tort is more closely related to another country, the law of that country shall apply.

(4) If the law applicable to the tort or insurance contract allows it, the injured party may assert his claim directly against the insurer of the person liable.

(5) The parties may expressly choose the law to be applied after the tort occurs.

Liability for violation of personal rights

ARTICLE 35 – (1) Claims arising from the violation of personal rights through media such as press, radio, television, the internet or other mass communication means, at the option of the injured party;

1. a) If the person causing the damage should have known that the damage would occur in this country, the law of the habitual residence of the injured person,
2. b) The law of the country where the person causing the damage has his workplace or habitual residence, or
3. c) The law of the country where the damage occurred, if the person causing the damage was in a position to know that the damage would occur in that country.

is applied.

(2) In cases of violation of personal rights, the right of reply is, in periodical publications, exclusively subject to the law of the country where the publication is made or the programme is broadcast.

(3) The first paragraph of the article also applies to claims arising from the violation of personality through the processing of personal data or the restriction of the right to obtain information about personal data.

Manufacturer’s non-contractual liability

ARTICLE 36 – (1) The liability arising from damage caused by manufactured goods shall be governed by the law of the habitual residence or workplace of the person causing the damage or the law of the country where the manufactured goods were acquired, at the option of the person suffering the damage. In order for the law of the place of acquisition to be applied, the person causing the damage must not be able to prove that the goods were brought into that country without his consent.

Unfair competition

ARTICLE 37 – (1) Claims arising from unfair competition are subject to the law of the country whose market is directly affected by unfair competition.

(2) If the interests of the injured party, which are exclusively related to their business, have been violated as a result of unfair competition, the law of the country where the workplace of the business in question is located shall apply.

Obstruction of competition

ARTICLE 38 – (1) Claims arising from the prevention of competition are subject to the law of the country where the market directly affected by this prevention is located.

(2) In cases where foreign law is applied to prevent competition in Türkiye, no more compensation can be awarded than the compensation that would have been given if Turkish law had been applied.

Unjust enrichment

ARTICLE 39 – (1) Claims arising from unjust enrichment are subject to the law applicable to the existing or alleged legal relationship that caused the enrichment. In other cases, the law of the country where the enrichment occurred shall apply to unjust enrichment.

(2) The parties may expressly choose the law to be applied after the unjust enrichment occurs.

PART TWO

International Procedural Law

CHAPTER ONE

International Jurisdiction of Turkish Courts

International authority

ARTICLE 40 – (1) The international jurisdiction of Turkish courts is determined by the local jurisdiction rules of domestic law.

Cases concerning the personal status of Turks

ARTICLE 41 – (1) If the lawsuits of Turkish citizens regarding their personal status are not filed or cannot be filed in foreign country courts, they are heard in the competent court in Turkey, or in the court of the place where the person concerned resides, or if he is not a resident in Turkey, in the court of his last place of residence in Turkey, or in the court of one of the courts in Ankara, Istanbul or Izmir if he is not a resident in Turkey.

Some cases regarding the personal status of foreigners

ARTICLE 42 – (1) Decisions on guardianship, trusteeship, restriction, disappearance and declaring dead for foreigners who do not have a place of residence in Turkey are given by the court of the place where the relevant person resides in Turkey, or if he is not a resident, by the court of the place where his assets are located.

Inheritance cases

ARTICLE 43 – (1) Inheritance cases are heard in the court of the deceased’s last place of residence in Turkey, or in the court of the place where the assets included in the estate are located if the last place of residence is not in Turkey.

Employment contract and employment relationship cases

ARTICLE 44 – (1) In disputes arising from an individual employment contract or employment relationship, the court of the place where the worker’s habitual workplace in Turkey is located has jurisdiction. In lawsuits filed by the worker against the employer, the Turkish courts of the employer’s place of residence, the worker’s place of residence or habitual residence are also competent.

Consumer contract related cases

ARTICLE 45 – (1) In disputes arising from consumer contracts defined in Article 26, the Turkish courts where the consumer’s place of residence or habitual residence or the other party’s workplace, place of residence or habitual residence are located, are competent, depending on the consumer’s choice.

(2) The competent court for lawsuits filed against the consumer regarding consumer contracts made in accordance with the first paragraph is the court of the consumer’s habitual residence in Türkiye.

Cases related to insurance contracts

ARTICLE 46 – (1) In disputes arising from insurance contracts, the court of the place where the insurer’s principal place of business or the branch or agency that concluded the insurance contract is located in Turkey shall have jurisdiction. However, in cases to be filed against the policyholder, the insured or the beneficiary, the competent court shall be the court of their place of residence or habitual residence in Turkey.

Jurisdiction agreement and limits

ARTICLE 47 – (1) In cases where the jurisdiction is not determined on the basis of exclusive jurisdiction, the parties may agree that the disputes arising from debt relations and having a foreign element between them shall be heard by a court of a foreign state. The agreement shall be valid if proven by written evidence. The case shall be heard by a competent Turkish court only if the foreign court deems itself incompetent or if no objection to jurisdiction is made in the Turkish courts.

(2) The jurisdiction of the courts specified in Articles 44, 45 and 46 cannot be eliminated by agreement of the parties.

Guarantee

ARTICLE 48 – (1) Foreign real persons and legal entities who file a lawsuit, participate in a lawsuit or initiate enforcement proceedings in a Turkish court must provide a security determined by the court to cover the litigation and enforcement expenses and the damages and losses of the other party.

(2) The court exempts the person who files a lawsuit, participates in the lawsuit or initiates enforcement proceedings from the security on the basis of reciprocity.

Cases in which a foreign state cannot benefit from immunity from jurisdiction

ARTICLE 49 – (1) Foreign states are not granted immunity from jurisdiction in legal disputes arising from private law relations.

(2) In such disputes, notification may be made to the diplomatic representatives of the foreign state.

CHAPTER TWO

Enforcement and Recognition of Foreign Court and Arbitrator Decisions

Enforcement decision

ARTICLE 50 – (1) The enforcement in Turkey of judgments given by foreign courts regarding legal cases and finalized in accordance with the laws of that state depends on the enforcement decision given by the competent Turkish court.

(2) Enforcement decisions may also be requested regarding provisions regarding personal rights included in criminal judgments of foreign courts.

Duties and powers

ARTICLE 51 – (1) The court of first instance is the competent court for enforcement decisions.

(2) These decisions may be sought from the court of the place of residence of the person against whom enforcement is sought in Türkiye, or if he does not have a place of residence or a place of residence in Türkiye, from one of the courts in Ankara, Istanbul or Izmir.

Request for enforcement

ARTICLE 52 – (1) Anyone who has a legal interest in the enforcement of the decision may request enforcement. The enforcement request is made by petition. The number of copies of the opposing party is added to the petition. The petition includes the following:

1. a) Names, surnames and addresses of the person requesting enforcement, the opposing party and their legal representatives and attorneys, if any.
2. b) The state court from which the decision in question was enforced, the name of the court, the date and number of the decision and a summary of the decision.
3. c) If enforcement is sought for a part of the judgment, which part it is.

Documents to be attached to the petition

ARTICLE 53 – (1) The following documents shall be attached to the enforcement petition:

1. a) The original of a foreign court decision duly approved by the authorities of that country or a copy and an approved translation approved by the judicial body that issued the decision.
2. b) A written document or document duly approved by the authorities of that country, showing that the decision has become final, and its approved translation.

Conditions for enforcement

ARTICLE 54 – (1) The competent court shall give the enforcement decision under the following conditions:

1. a) There is an agreement based on the principle of reciprocity between the Republic of Türkiye and the state where the judgment was given, or there is a legal provision or actual practice in that state that enables the enforcement of judgments given by Turkish courts.
2. b) The decision was given on a matter that is not within the exclusive jurisdiction of the Turkish courts or, provided that the defendant objects, the decision was not given by a state court that has jurisdiction over it, even though it has no real relationship with the subject of the case or the parties.
3. c) The provision is not clearly contrary to public order.
4. c) In accordance with the laws of that place, the person against whom enforcement is sought has not been duly summoned to the court that rendered the judgment or has not been represented in that court, or the judgment has been rendered in his/her absence or absence in violation of these laws and this person has not objected to the Turkish court against the enforcement request based on one of the above-mentioned issues.

Notification and objection

ARTICLE 55 – (1) The petition for enforcement shall be notified to the opposing party together with the hearing date. The recognition and enforcement of uncontested court decisions shall also be subject to the same provision. The provision of notification shall not apply to uncontested court decisions without an adversary. The request shall be examined and decided in accordance with the provisions of simple trial procedure.

(2) The opposing party may only object by claiming that the conditions for enforcement are not met in accordance with the provisions of this section or that the foreign court decision has been partially or fully enforced or that a reason preventing its enforcement has arisen.

Decision

ARTICLE 56 – (1) The court may decide to enforce the judgment partially or completely or to reject the request. This decision is written at the bottom of the foreign court judgment and sealed and signed by the judge.

Execution and appeal

ARTICLE 57 – (1) Foreign judgments that have been decided to be enforced shall be enforced in the same way as judgments given by Turkish courts.

(2) Appeals against decisions granting or refusing enforcement are subject to general provisions. Appeals suspend enforcement.

Recognition

ARTICLE 58 – (1) The acceptance of a foreign court decision as conclusive evidence or final judgment depends on the court’s determination that the foreign decision meets the conditions for enforcement. Clause (a) of the first paragraph of Article 54 shall not apply in recognition.

(2) The recognition of uncontested court decisions is also subject to the same provision.

(3) The same procedure is applied when an administrative action is carried out in Türkiye based on a foreign court decision.

The effect of final judgment and conclusive evidence

ARTICLE 59 – (1) The final judgment or conclusive evidentiary effect of a foreign court decision becomes effective from the moment the foreign court decision becomes final.

Enforcement of foreign arbitral awards

ARTICLE 60 – (1) Foreign arbitration decisions that have become final and enforceable or are binding on the parties may be enforced.

(2) The enforcement of foreign arbitration awards is requested by petition from the court of first instance of the place agreed upon in writing by the parties. If there is no such agreement between the parties, the court of the place of residence in Türkiye of the party against whom the award was made, or if there is none, the court of the place where the party resides, or if there is none, the court of the place where the property that may be subject to enforcement is located, shall be deemed competent.

Petition and review procedure

ARTICLE 61 – (1) The party requesting the enforcement of a foreign arbitration award shall attach to its petition the following documents, together with copies as many as the number of copies of the other party:

1. a) The original or a duly certified copy of the arbitration agreement or clause.
2. b) The original or duly approved copy of the arbitration award that has become final and enforceable or binding on the parties.
3. c) Translated and duly approved copies of the documents listed in clauses (a) and (b).

(2) The provisions of Articles 55, 56 and 57 shall be applied by analogy in the enforcement of arbitration awards by the court.

Reasons for rejection

ARTICLE 62 – (1) The Court,

1. a) If no arbitration agreement has been made or no arbitration clause has been included in the main contract,
2. b) If the arbitrator’s decision is contrary to general morality or public order,
3. c) If the dispute that is the subject of the arbitration decision cannot be resolved through arbitration according to Turkish law,
4. c) If one of the parties has not been duly represented before the arbitrators and has not subsequently expressly accepted the transactions made,
5. d) If the party against whom the enforcement of the arbitration decision is sought has not been duly notified of the appointment of the arbitrator or has been deprived of the opportunity to claim and defend himself,
6. e) If the arbitration agreement or clause is invalid according to the law to which it is subject by the parties or, in the absence of an agreement on this matter, according to the law of the country where the arbitration award was made,
7. f) If the appointment of arbitrators or the procedure applied by the arbitrators is contrary to the agreement of the parties or, in the absence of such agreement, to the law of the country where the arbitration award was made,
8. g) If the arbitrator’s decision is related to a matter not included in the arbitration agreement or condition or if it exceeds the limits of the agreement or condition, this part is relevant,
9. h) If the arbitration award has not become final or has not become enforceable or binding in accordance with the provisions of the law of the country to which it is subject or in which it was given, or if it has been annulled by the competent authority of the place where it was given,

rejects the request for enforcement of foreign arbitral awards.

(2) The burden of proof for the matters listed in subparagraphs (ç), (d), (e), (f), (g) and (h) of the first paragraph belongs to the party against whom enforcement is sought.

Recognition of foreign arbitral awards

ARTICLE 63 – (1) The recognition of foreign arbitral awards is also subject to the provisions regarding their enforcement.

PART THREE

Final Provisions

Repealed provisions

ARTICLE 64 – (1) Law No. 2675 on International Private Law and Procedural Law, dated 20/5/1982,

(2) The second paragraph of Article 866 of the Turkish Commercial Code No. 6762 dated 29/6/1956,

(3) Article 88 of the Law on Intellectual and Artistic Works No. 5846 dated 5/12/1951,

has been repealed.

Force

ARTICLE 65 – (1) This Law shall enter into force on the date of its publication.

Executive

ARTICLE 66 – (1) The Council of Ministers shall execute the provisions of this Law.

LEGISLATION ADDING AND AMENDING LAW NO. 5718 OR

CANCELLATION JUDGMENTS GIVEN BY THE CONSTITUTIONAL COURT

LIST SHOWING THE ENFORCEMENT DATES