Turkish International Private Procedural Code

PART ONE

International Private Law

CHAPTER ONE

General Provisions

Scope

Article 1 – (1) The law applicable to private law transactions and relationships containing a foreign element, the international jurisdiction of Turkish courts, and the recognition and enforcement of foreign judgments are regulated by this Law.

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

Application of foreign law

Article 2 – (1) The judge shall apply ex officio the Turkish conflict-of-laws rules and the foreign law that is competent under these rules. The judge may request the assistance of the parties in establishing the content of the competent foreign law.

(2) Where the provisions of the foreign law relating to the case cannot be established despite all investigations, Turkish law shall apply.

(3) The fact that the conflict-of-laws rules of the foreign law to be applied render another law competent shall be taken into account only in disputes relating to the law of persons and family law, and the substantive law provisions of that law shall be applied.

(4) In cases where the possibility of choosing the applicable law is granted, the substantive law provisions of the chosen law shall apply unless the parties have expressly agreed otherwise.

(5) Where the State whose law is to be applied has two or more territorial units and these units have different legal systems, which territorial law is to be applied shall be determined according to the law of that State. In the absence of a decisive provision in the law of that State, the law of the territorial unit most closely connected with the dispute shall apply.

Changes in connecting factors

Article 3 – (1) In cases where the competent law is determined on the basis of nationality, domicile or habitual residence, the nationality, domicile or habitual residence on the date of the action shall be taken as the basis, unless otherwise provided.

Law competent on the basis of nationality

Article 4 – (1) In cases where the law competent under the provisions of this Law is determined on the basis of nationality, unless otherwise provided in this Law;

a) In respect of stateless persons and refugees, the law of the domicile, failing which the law of the habitual residence, and failing that the law of the country where the person is present on the date of the action,

b) In respect of persons holding the nationality of more than one State, Turkish law if they are also Turkish citizens,

c) In respect of persons holding the nationality of more than one State who are not also Turkish citizens, the law of the State with which they are most closely connected,

shall apply.

Contrariety to public policy

Article 5 – (1) Where a provision of the competent foreign law applied to a particular case is manifestly contrary to Turkish public policy, that provision shall not be applied; where deemed necessary, Turkish law shall apply.

Directly applicable (overriding mandatory) rules of Turkish law

Article 6 – (1) In situations where the competent foreign law is applied, if the matter falls within the scope of directly applicable rules of Turkish law in view of their regulatory purpose and field of application, that rule shall apply.

Form of legal transactions

Article 7 – (1) Legal transactions may be concluded in accordance with the form prescribed by the law of the country where they are concluded or by the substantive law provisions of the law competent with respect to the substance of that legal transaction.

Statute of limitations

Article 8 – (1) The statute of limitations is subject to the law applicable to the substance of the legal transaction or relationship.

CHAPTER TWO

Conflict-of-Laws Rules

Capacity

Article 9 – (1) Legal capacity and capacity to act are subject to the national law of the person concerned.

(2) A person who lacks capacity under his or her national law is bound by the legal transaction he or she has concluded if he or she has capacity under the law of the country where the transaction was concluded. Transactions relating to family law and inheritance law and to rights in rem over immovables located in another country are excluded from this provision.

(3) Majority acquired by a person under his or her national law does not end with a change of nationality.

(4) The legal capacity and capacity to act of legal entities or of associations of persons or assets are subject to the law of the seat of administration specified in their statutes. However, where the actual seat of administration is in Türkiye, Turkish law may be applied.

(5) The capacity of legal entities that have no statutes and of associations of persons or assets that do not have legal personality is subject to the law of their actual seat of administration.

Guardianship, restriction of capacity and curatorship

Article 10 – (1) The grounds for issuing or terminating a decision on guardianship or restriction of capacity are subject to the national law of the person in respect of whom the issuance or termination of the guardianship or restriction decision is requested.

(2) In cases where a decision on guardianship or restriction of capacity cannot be issued under the national law of a foreigner, if this person’s habitual residence is in Türkiye, a decision on guardianship or restriction of capacity may be issued or lifted under Turkish law. Turkish law shall also apply in cases where the person is compulsorily present in Türkiye.

(3) All matters relating to restriction of capacity or guardianship other than the grounds for issuing or terminating a decision on guardianship or restriction of capacity, and curatorship, are subject to Turkish law.

Absence or presumption of death

Article 11 – (1) A decision on absence or presumption of death is subject to the national law of the person in respect of whom the decision is to be made. Where a decision on absence or presumption of death cannot be issued under the national law of the person concerned, a decision on absence or presumption of death shall be issued under Turkish law if that person’s assets are located in Türkiye or if his or her spouse or one of the heirs is a Turkish citizen.

Engagement

Article 12 – (1) Capacity to become engaged and the conditions of engagement are subject to the national law of each of the parties at the time of the engagement.

(2) The common national law shall apply to the effects and consequences of the engagement; if the parties are of different nationalities, Turkish law shall apply.

Marriage and its general effects

Article 13 – (1) Capacity to marry and the conditions of marriage are subject to the national law of each of the parties at the time of the marriage.

(2) The law of the country where the marriage is concluded shall apply to the form of the marriage.

(3) The general effects of the marriage are subject to the common national law of the spouses. Where the parties are of different nationalities, the law of the common habitual residence shall apply, failing which Turkish law shall apply.

Divorce and separation

Article 14 – (1) The grounds and effects of divorce and separation are subject to the common national law of the spouses. Where the parties are of different nationalities, the law of the common habitual residence shall apply, failing which Turkish law shall apply.

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

(3) Parental custody in divorce and matters relating to parental custody are also subject to the provision of the first paragraph.

(4) Turkish law shall apply to requests for interim measures.

Matrimonial property

Article 15 – (1) With respect to matrimonial property, the spouses may expressly choose either the law of their habitual residence or one of their national laws at the time of the marriage; where no such choice has been made, the common national law of the spouses at the time of the marriage shall apply to matrimonial property, failing which the law of their common habitual residence at the time of the marriage shall apply, and failing that, Turkish law shall apply.

(2) In the liquidation of the property, the law of the country where the immovables are located shall apply to immovables.

(3) Spouses who have acquired a new common law after the marriage may become subject to this new law, provided that the rights of third parties are reserved.

Establishment of descent

Article 16 – (1) The establishment of descent is subject to the national law of the child at the time of birth; where descent cannot be established thereunder, it is subject to the law of the child’s habitual residence. If descent cannot be established under these laws, it shall be established in accordance with the national laws of the mother or the father at the time of the child’s birth; where it cannot be established under those laws, in accordance with the law of the common habitual residence of the mother and father at the time of the child’s birth; and where it cannot be established under that law either, in accordance with the law of the child’s place of birth.

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

Effects of descent

Article 17 – (1) The effects of descent are subject to the law under which the descent was established. However, if the mother, father and child have a common national law, that law shall apply to the effects of descent, failing which the law of their common habitual residence shall apply.

Adoption

Article 18 – (1) Capacity to adopt and the conditions of adoption are subject to the national law of each of the parties at the time of the adoption.

(2) The national laws of the spouses shall be applied together as regards the consent of the other spouse to adopting and being adopted.

(3) The effects of adoption are subject to the national law of the adopter, and, in the case of adoption by spouses jointly, to the law governing the general effects of the marriage.

Maintenance

Article 19 – (1) Maintenance claims are subject to the law of the habitual residence of the maintenance creditor.

Inheritance

Article 20 – (1) Inheritance is subject to the national law of the deceased. Turkish law shall apply to immovables located in Türkiye.

(2) Provisions relating to the grounds for the opening of the succession, and to the acquisition and partition of the estate, are subject to the law of the country where the estate is located.

(3) An estate without heirs located in Türkiye shall devolve to the State.

(4) The provision of Article 7 shall apply to the form of dispositions mortis causa. Dispositions mortis causa made in a form conforming to the national law of the deceased are also valid.

(5) Capacity to make a disposition mortis causa is subject to the national law of the disposing person at the time the disposition is made.

Rights in rem

Article 21 – (1) Ownership and other rights in rem over movables and immovables are subject to the law of the country where the property is located at the time of the transaction.

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

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

(4) As regards form, the law of the country where the immovables are located shall apply to legal transactions relating to rights in rem over immovables.

Means of transport

Article 22 – (1) Rights in rem over air, sea and rail means of transport are subject to the law of the country of origin.

(2) The country of origin is, for air and sea means of transport, the place of the registry in which the rights in rem are registered; for sea means of transport, where there is no such registry, the port of registry (home port); and, for rail means of transport, the place where the operating licence was issued.

Law applicable to intellectual property rights

Article 23 – (1) Intellectual property rights are subject to the law of the country for which protection is claimed.

(2) The parties may agree, after the infringement, that the law of the forum shall apply to claims arising from the infringement of an intellectual property right.

Law applicable to contractual obligations

Article 24 – (1) Contractual obligations are subject to the law expressly chosen by the parties. A choice of law that can be understood beyond doubt from the terms of the contract or the circumstances of the case is also valid.

(2) The parties may agree that the chosen law shall apply to the whole or to a part of the contract.

(3) The choice of law may be made or changed by the parties at any time. A choice of law made after the conclusion of the contract is valid retroactively, provided that the rights of third parties are reserved.

(4) Where the parties have not made a choice of law, the law most closely connected with the contract shall apply to the contractual relationship. This law is deemed to be the law of the habitual residence of the party who is to effect the characteristic performance at the time of the conclusion of the contract; in contracts concluded in the course of commercial or professional activities, the law of the place of business of the party who is to effect the characteristic performance, failing which the law of his or her domicile; and, where the party who is to effect the characteristic performance has more than one place of business, the law of the place of business most closely connected with the contract in question. However, where, having regard to all the circumstances of the case, there is a law more closely connected with the contract, the contract shall be subject to that law.

Contracts relating to immovables

Article 25 – (1) Contracts relating to immovables or to their use are subject to the law of the country where the immovable is located.

Consumer contracts

Article 26 – (1) Consumer contracts for the supply of goods or services or of credit for a purpose outside professional or commercial activity are subject to the law chosen by the parties, provided that the minimum protection that the consumer would enjoy under the mandatory provisions of the law of his or her habitual residence is reserved.

(2) Where the parties have not made a choice of law, the law of the consumer’s habitual residence shall apply. For the law of the consumer’s habitual residence to be applicable:

a) The contract must have been concluded in the country of the consumer’s habitual residence upon a specific invitation addressed to the consumer or as a result of advertising, and the legal acts required to be performed by the consumer for the conclusion of the contract must have been performed in that country, or

b) The other party or its representative must have received the consumer’s order in that country, or

c) Where the relationship is a contract of sale, the seller must have arranged a journey for the purpose of persuading the consumer to buy, and the consumer must have travelled on that journey from the country where he or she is located to another country and placed the order there.

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

(4) This article shall not apply to contracts of carriage, except package tours, or to contracts under which services are to be supplied to the consumer exclusively in a country other than the country of his or her 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 by contract, provided that the minimum protection that the employee would enjoy under the mandatory provisions of the law of his or her habitual workplace is reserved.

(2) Where the parties have not made a choice of law, the law of the workplace where the employee habitually carries out his or her work shall apply to the employment contract. Where the employee temporarily carries out his or her work in another country, that workplace shall not be deemed the habitual workplace.

(3) Where the employee does not habitually carry out his or her work in a particular country but continuously carries it out in more than one country, the employment contract is subject to the law of the country where the employer’s principal place of business is located.

(4) (Amended: 4/6/2025-7550/18 art.) However, where, having regard to all the circumstances of the case, there is a law more closely connected with the employment contract, that law may be applied to the contract instead of the provisions of the first, second and third paragraphs, except for the provisions of the law of the place where the work is performed which must be applied at the time the work is performed.

Contracts relating to intellectual property rights

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

(2) Where the parties have not made a choice of law, the law of the place of business of the party transferring the intellectual property right or its use at the time of the conclusion of the contract, failing which the law of its habitual residence, shall apply to the contractual relationship. However, where, having regard to all the circumstances of the case, there is a law more closely connected with the contract, the contract shall be subject to that law.

(3) The law applicable to the employment contract shall apply to contracts between employee and employer concerning intellectual property rights in intellectual creations produced by the employee within the scope of his or her work and in the course of performing it.

Contracts for the carriage of goods

Article 29 – (1) Contracts for the carriage of goods are subject to the law chosen by the parties.

(2) Where the parties have not made a choice of law, if the country in which the carrier’s principal place of business is located at the time of the conclusion of the contract is also the country in which loading or unloading takes place or the country in which the consignor’s principal place of business is located, that country shall be deemed to be the most closely connected with the contract, and the law of that country shall apply to the contract. Single-voyage charter contracts and other contracts the main purpose of which is the carriage of goods are also subject to the provisions of this article.

(3) Where, having regard to all the circumstances of the case, there is a law more closely connected with the contract for the carriage of goods, that law shall apply to the contract.

Authority of representation

Article 30 – (1) Authority of representation 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 law of the representative’s place of business shall apply to the conditions required for an act of the representative to bind the principal vis-à-vis a third party. Where the representative has no place of business, or the place of business cannot be known by the third party, or the authority is exercised outside the place of business, the authority of representation is subject to the law of the country where the authority is actually exercised. In the case of representation without authority, the provision of this paragraph shall also apply to the relationship between the representative and the third party.

(3) Where there is an employment relationship between the representative and the principal and the representative has no independent place of business, the authority of representation is subject to the law of the country where the principal’s place of business is located.

Directly applicable rules

Article 31 – (1) In applying the law governing the contractual relationship, effect may be given to the directly applicable rules of the law of a third State if it is closely connected with the contract. In considering whether to give effect to such rules and whether or not to apply them, regard shall be had to the purpose, nature, content and consequences of these rules.

Existence and material validity of the contractual relationship

Article 32 – (1) The existence and material validity of the contractual relationship or of one of its terms are subject to the law that would apply if the contract were valid.

(2) Where it appears from the circumstances that it would not be reasonable to determine the effect of the conduct of one of the parties in accordance with the applicable law, the law of the country of the habitual residence of the party claiming not to have consented shall apply to the existence of the declaration of intent.

Manner of performance and measures

Article 33 – (1) As regards acts and transactions carried out in the course of performance and measures relating to the protection of goods, regard shall be had to the law of the country in which those transactions or acts are carried out or the measure is taken.

Torts

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

(2) Where 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) Where the obligation arising from the tort is more closely connected with another country, the law of that country shall apply.

(4) If the law applicable to the tort or to the insurance contract so permits, the injured party may bring his or her claim directly against the insurer of the person liable.

(5) The parties may expressly choose the applicable law after the tort has occurred.

Liability for infringement of personality rights

Article 35 – (1) To claims arising from the infringement of personality rights through media such as the press, radio and television, or through the internet or other means of mass communication, at the choice of the injured party, the following shall apply:

a) The law of the habitual residence of the injured party, if the person causing the damage should have known that the damage would occur in that country,

b) The law of the country where the place of business or habitual residence of the person causing the damage is located, or

c) The law of the country where the damage occurred, if the person causing the damage should have known that the damage would occur in that country.

(2) In the case of infringement of personality rights, the right of reply against periodicals is subject exclusively to the law of the country where the publication was printed or the programme was broadcast.

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

Non-contractual liability of the manufacturer

Article 36 – (1) To liability arising from damage caused by manufactured goods, at the choice of the injured party, the law of the habitual residence or place of business of the person causing the damage, or the law of the country where the manufactured goods were acquired, shall apply. For the law of the place of acquisition to be applicable, the person causing the damage must have failed to prove that the product was brought into that country without his or her 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 the unfair competition.

(2) Where, as a result of unfair competition, exclusively the interests of the injured party relating to its business have been infringed, the law of the country where the place of business of that enterprise is located shall apply.

Restriction of competition

Article 38 – (1) Claims arising from the restriction of competition are subject to the law of the country in which the market directly affected by the restriction is located.

(2) In cases where foreign law is applied to a restriction of competition in Türkiye, no compensation may be awarded in excess of the compensation that would have been awarded had Turkish law been applied.

Unjust enrichment

Article 39 – (1) Claims arising from unjust enrichment are subject to the law applicable to the existing or allegedly existing legal relationship that gave rise to 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 applicable law after the unjust enrichment has occurred.

PART TWO

International Procedural Law

CHAPTER ONE

International Jurisdiction of Turkish Courts

International jurisdiction

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

Actions relating to the personal status of Turkish citizens

Article 41 – (1) Actions relating to the personal status of Turkish citizens, where they have not been or cannot be brought before the courts of a foreign country, shall be heard by the court having territorial jurisdiction in Türkiye; where there is none, by the court of the place where the person concerned resides; if he or she does not reside in Türkiye, by the court of his or her last domicile in Türkiye; and where there is none, by one of the courts of Ankara, İstanbul or İzmir.

Certain actions relating to the personal status of foreigners

Article 42 – (1) Decisions on guardianship, curatorship, restriction of capacity, absence and presumption of death in respect of a foreigner who has no domicile in Türkiye shall be given by the court of the place where the person concerned resides in Türkiye or, if he or she does not reside there, by the court of the place where his or her assets are located.

Inheritance actions

Article 43 – (1) Actions relating to inheritance shall be heard by the court of the last domicile of the deceased in Türkiye or, where the last domicile was not in Türkiye, by the court of the place where the assets forming part of the estate are located.

Actions relating to employment contracts and employment relationships

Article 44 – (1) In disputes arising from an individual employment contract or employment relationship, the court of the place in Türkiye where the workplace at which the employee habitually carries out his or her work is located has jurisdiction. In actions brought by the employee against the employer, the Turkish courts of the place of the employer’s domicile, or of the employee’s domicile or habitual residence, also have jurisdiction.

Actions relating to consumer contracts

Article 45 – (1) In disputes arising from the consumer contracts defined in Article 26, the Turkish courts of the place of the consumer’s domicile or habitual residence, or of the other party’s place of business, domicile or habitual residence, have jurisdiction, at the consumer’s choice.

(2) In actions to be brought against the consumer in respect of consumer contracts concluded pursuant to the first paragraph, the competent court is the court of the consumer’s habitual residence in Türkiye.

Actions relating to insurance contracts

Article 46 – (1) In disputes arising from an insurance contract, the court of the place in Türkiye where the insurer’s principal place of business, or the branch or agency that concluded the insurance contract, is located has jurisdiction. However, in actions to be brought against the policyholder, the insured or the beneficiary, the competent court is the court of their domicile or habitual residence in Türkiye.

Jurisdiction agreements and their limits

Article 47 – (1) In cases where territorial jurisdiction is not determined on the basis of exclusive jurisdiction, the parties may agree that a dispute between them containing a foreign element and arising from obligations shall be heard by a court of a foreign State. The agreement is valid if it is proved by written evidence. The action shall be heard by the competent Turkish court only if the foreign court declares itself to lack jurisdiction or if no objection to jurisdiction is raised before the Turkish courts.

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

Security

Article 48 – (1) Foreign natural and legal persons who bring an action, intervene in an action or initiate enforcement proceedings before a Turkish court are obliged to provide the security determined by the court in order to cover the costs of the proceedings and of the enforcement and the losses and damages of the other party.

(2) The court shall exempt the person bringing the action, intervening in the action or initiating the enforcement proceedings from security on the basis of reciprocity.

Cases in which a foreign State cannot benefit from jurisdictional immunity

Article 49 – (1) A foreign State shall not be granted jurisdictional immunity in legal disputes arising from private law relationships.

(2) In such disputes, service may be effected on the diplomatic representatives of the foreign State.

CHAPTER TWO

Enforcement and Recognition of Foreign Court Judgments and Arbitral Awards

Enforcement decision

Article 50 – (1) The execution in Türkiye of judgments given by foreign courts in civil cases that have become final under the laws of that State is subject to an enforcement decision being given by the competent Turkish court.

(2) An enforcement decision may also be requested in respect of provisions concerning personal rights contained in criminal judgments of foreign courts.

Subject-matter and territorial jurisdiction

Article 51 – (1) The court having subject-matter jurisdiction over enforcement decisions is the court of first instance (asliye mahkemesi).

(2) These decisions may be requested from the court of the domicile in Türkiye of the person against whom enforcement is sought, failing which from the court of the place where he or she resides, and, if he or she has no domicile or place of residence in Türkiye, from one of the courts of Ankara, İstanbul or İzmir.

Request for enforcement

Article 52 – (1) Any person having a legal interest in the enforcement of the judgment may request enforcement. The request for enforcement shall be made by petition. As many copies as the number of opposing parties shall be attached to the petition. The petition shall contain the following:

a) The names, surnames and addresses of the person requesting enforcement, of the opposing party and, if any, of their legal representatives and attorneys.

b) The State whose court gave the judgment that is the subject of enforcement, the name of the court, the date and number of the judgment, and a summary of the judgment.

c) If enforcement is requested in respect of 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 petition for enforcement:

a) The original of the foreign court judgment duly certified by the authorities of that country, or a copy certified by the judicial authority that gave the judgment, together with a certified translation.

b) A letter or document duly certified by the authorities of that country showing that the judgment has become final, together with a certified translation.

Conditions for enforcement

Article 54 – (1) The competent court shall give an enforcement decision subject to the following conditions:

a) The existence of an agreement based on reciprocity between the Republic of Türkiye and the State in which the judgment was given, or of a provision of law or de facto practice in that State making possible the enforcement of judgments given by Turkish courts.

b) The judgment must have been given on a matter not falling within the exclusive jurisdiction of Turkish courts, or, provided that the defendant objects, the judgment must not have been given by a court of a State that assumed jurisdiction although it had no real connection with the subject matter of the action or the parties.

c) The judgment must not be manifestly contrary to public policy.

ç) That the person against whom enforcement is sought, in accordance with the laws of that place, was not duly summoned to the court that gave the judgment or was not represented before that court, or that the judgment was given in his or her default or absence contrary to those laws, and that this person has not objected before the Turkish court to the request for enforcement on the basis of one of the above matters.

Service and objection

Article 55 – (1) The petition for enforcement shall be served on the opposing party together with the hearing date. The recognition and enforcement of decisions in non-contentious matters are also subject to the same provision. The provision on service shall not apply to decisions in non-contentious matters without an opposing party. The request shall be examined and decided in accordance with the provisions on simple trial procedure.

(2) The opposing party may object only by asserting that the conditions for enforcement under the provisions of this chapter are not met, or that the foreign court judgment has been executed in part or in full, or that a ground preventing its execution has arisen.

Decision

Article 56 – (1) The court may decide on the enforcement of the judgment in part or in full, or on the rejection of the request. This decision shall be written beneath the foreign court judgment and shall be sealed and signed by the judge.

Execution and appeal

Article 57 – (1) Foreign judgments in respect of which enforcement has been granted shall be executed in the same way as judgments given by Turkish courts.

(2) Appeals against decisions accepting or rejecting a request for enforcement are subject to the general provisions. An appeal shall stay execution.

Recognition

Article 58 – (1) The acceptance of a foreign court judgment as conclusive evidence or as res judicata depends on a finding by the court that the foreign judgment satisfies the conditions for enforcement. Subparagraph (a) of the first paragraph of Article 54 shall not apply to recognition.

(2) The recognition of decisions in non-contentious matters is also subject to the same provision.

(3) The same procedure shall also apply to the carrying out of an administrative act in Türkiye on the basis of a foreign court judgment.

Effect as res judicata and conclusive evidence

Article 59 – (1) The effect of a foreign judgment as res judicata or conclusive evidence takes effect from the moment the foreign court decision becomes final.

Enforcement of foreign arbitral awards

Article 60 – (1) Foreign arbitral awards that have become final and enforceable or are binding on the parties may be enforced.

(2) The enforcement of foreign arbitral awards shall be requested by petition from the court of first instance (asliye mahkemesi) of the place agreed upon in writing by the parties. In the absence of such an agreement between the parties, the court of the domicile in Türkiye of the party against whom the award was made, failing which of the place where that party resides, and failing that of the place where assets that may be subject to execution are located, shall be deemed competent.

Petition and examination procedure

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

a) The original or a duly certified copy of the arbitration agreement or arbitration clause.

b) The original or a duly certified copy of the arbitral award that has duly become final and enforceable or has become binding on the parties.

c) Translated and duly certified copies of the documents listed in subparagraphs (a) and (b).

(2) In the enforcement of arbitral awards, the court shall apply the provisions of Articles 55, 56 and 57 by analogy.

Grounds for refusal

Article 62 – (1) The court shall reject the request for enforcement of a foreign arbitral award:

a) If no arbitration agreement has been concluded or no arbitration clause has been inserted in the main contract,

b) If the arbitral award is contrary to public morals or public policy,

c) If the dispute that is the subject of the arbitral award cannot be resolved by arbitration under Turkish laws,

ç) If one of the parties was not duly represented before the arbitrators and did not subsequently expressly accept the acts performed,

d) If the party against whom enforcement of the arbitral award is sought was not duly notified of the appointment of the arbitrators or was deprived of the opportunity to present its claims and defences,

e) If the arbitration agreement or clause is invalid under the law to which the parties have subjected it or, failing any agreement thereon, under the law of the country where the arbitral award was made,

f) If the appointment of the arbitrators or the procedure applied by the arbitrators is contrary to the agreement of the parties or, failing such an agreement, to the law of the country where the arbitral award was made,

g) If the arbitral award concerns a matter not contained in the arbitration agreement or clause, or exceeds the limits of the agreement or clause, in respect of that part,

h) If the arbitral award has not become final or has not become enforceable or binding under the provisions of the law to which it is subject or of the country where it was made, or under the procedure to which it is subject, or has been set aside by the competent authority of the place where it was made.

(2) The burden of proving the matters set out in subparagraphs (ç), (d), (e), (f), (g) and (h) of the first paragraph lies with 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 relating to their enforcement.

PART THREE

Final Provisions

Repealed provisions

Article 64 – (1) The Law on International Private and Procedural Law No. 2675 of 20/5/1982,

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

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

have been repealed.

Entry into force

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

Execution

Article 66 – (1) The provisions of this Law shall be executed by the Council of Ministers.

LIST SHOWING THE DATES OF ENTRY INTO FORCE OF LEGISLATION AMENDING OR SUPPLEMENTING LAW NO. 5718 OR OF ANNULMENT DECISIONS OF THE CONSTITUTIONAL COURT