Litigation & Disputes
Commercial Litigation Turkey | Foreign Investor Guide
Navigate commercial litigation in Turkey — a guide to court procedures, mandatory mediation, and interim measures for foreign investors.
Commercial litigation in Turkey has become one of the most consequential legal arenas for foreign investors, multinational corporations, and high-net-worth individuals with exposure to the Turkish market. As cross-border capital flows into Turkey accelerate — driven by strategic real estate acquisitions, joint ventures, and supply-chain restructurings — the probability of encountering a commercial dispute requiring resolution through Turkish courts rises proportionally. Understanding how Turkish commercial litigation operates is not optional; it is a prerequisite for informed capital deployment.
Three features shape commercial litigation in Türkiye today. For commercial money claims, applying to a mediator is a condition that must be met before a lawsuit can be filed. Commercial disputes are heard by commercial courts of first instance (asliye ticaret mahkemesi). And a judgment can be reviewed twice: first on appeal (istinaf) before a regional court of appeal, then, where the law allows it, on points of law (temyiz). For C-level executives and board members of MNCs, family offices with Turkish assets, and HNWI investors structuring transactions worth $500K to $5M or more, a clear understanding of these procedural rules, the interim relief tools and the deadlines attached to them is essential to protecting invested capital. This guide provides a strategic roadmap based on the Turkish Code of Civil Procedure (HMK) and Turkish Commercial Code (TTK) as applied in 2026.
Key Takeaways for Foreign Investors
Mediation first: For commercial cases whose subject is a sum of money, applying to a mediator before suing is a condition of the lawsuit (TTK Art. 5/A(1)).
Commercial courts: The commercial court of first instance hears commercial cases whatever the amount in dispute; where there is none, the civil court of first instance hears them (TTK Art. 5).
Interim measures: A preliminary injunction (HMK Art. 389) or a precautionary attachment under the Enforcement and Bankruptcy Law (İİK Art. 257) can be obtained before or during the lawsuit, usually against security.
Short deadlines: The defence is due two weeks after service of the claim (HMK Art. 127), and each appeal must be lodged within two weeks of service of the decision (HMK Arts. 345 and 361).
Legal representation: You may conduct your own case, but only a lawyer registered with a Turkish bar may represent you before the court (Attorneyship Law No. 1136, Art. 35).
Understanding the Turkish Commercial Court System
Commercial courts of first instance (asliye ticaret mahkemeleri) are first-instance civil courts. Unless the law provides otherwise, they hear all commercial cases whatever the value or amount in dispute (TTK Art. 5(1)); where a place has no commercial court, the civil court of first instance (asliye hukuk mahkemesi) hears those cases (TTK Art. 5(2) and (4)). The relationship between the two is one of subject-matter competence (görev), and the procedural rules on competence apply (TTK Art. 5(3)). Commercial cases not exceeding a statutory threshold, which is increased every year under Additional Article 1 of the HMK, follow the simplified procedure (TTK Art. 4(2)).
Which Disputes Count as Commercial
Article 4(1) TTK treats as commercial the cases arising from matters that concern the commercial enterprises of both parties and, whether or not the parties are merchants, cases arising under the TTK itself, listed provisions of the Code of Obligations, intellectual property legislation and the rules on banks, credit and financial institutions. Shareholder and company-law disputes and unfair competition claims (TTK Art. 56) therefore go to the commercial court.
Jurisdiction and Venue Rules
The general court is that of the defendant’s domicile when the case is filed (HMK Art. 6), and contract claims may also be filed where the contract is to be performed (HMK Art. 10). Merchants may agree on one or more courts in a jurisdiction clause (yetki sözleşmesi); unless they agree otherwise, the case can then be filed only in the chosen court (HMK Art. 17). The clause must be in writing, relate to a specific or determinable legal relationship and name the court, and no clause is possible where jurisdiction is exclusive or the parties cannot freely dispose of the subject (HMK Art. 18). One exclusive rule matters for investors: claims by a company against a shareholder, or by a shareholder in that capacity against the others, limited to the shareholding relationship, belong to the court of the company’s seat (HMK Art. 14(2)).
Mandatory Mediation in Commercial Disputes
Article 5/A TTK, added by Law No. 7155, makes an application to a mediator a condition of the lawsuit (dava şartı) for commercial cases whose subject is a sum of money: receivable and compensation claims, and actions for annulment of an objection (itirazın iptali), negative declaration (menfi tespit) and restitution (istirdat). The mediator must conclude the file within six weeks of being appointed, and may extend this where necessary by up to two weeks (TTK Art. 5/A(2)). The procedure itself is set out in Article 18/A of the Mediation Law No. 6325 (HUAK).
When Mediation Is Required
The test is the subject of the claim, not its size: a claim whose subject is not a sum of money, such as an action to annul a general meeting resolution, falls outside Article 5/A. Mediation is not a condition where the parties have an arbitration agreement (HUAK Art. 18/A(18)). A lawsuit filed without any application to a mediator is dismissed on procedural grounds without further steps; if mediation took place but the final record (son tutanak) is not attached, the court first gives a one-week final period to file it (HUAK Art. 18/A(2)).
Strategic Considerations for Foreign Parties
Mediation is confidential unless agreed otherwise (HUAK Art. 4), and settlement proposals or admissions made in it cannot later be used as evidence in court or arbitration (HUAK Art. 5), so the parties can discuss options such as instalment plans without those offers being used against them. Skipping the first meeting without a valid excuse is costly: even if that party later wins in whole or in part, it is held responsible for half of the litigation costs the other side would have to pay, and only half of the statutory minimum attorney fee is awarded in its favour (HUAK Art. 18/A(11)). A commercial settlement signed jointly by the lawyers and the mediator counts as a document with the force of a judgment (ilam niteliğinde belge) without a separate enforceability annotation, unless a law requires one (HUAK Art. 18(4)).
Foreign Court and Arbitration Clauses
In disputes with a foreign element arising from obligations, the parties may choose a foreign court where territorial jurisdiction is not exclusive, if the agreement is proven by written evidence. The case is then heard in Türkiye only if the foreign court declines jurisdiction or no objection to jurisdiction is raised before the Turkish court (Private International and Procedural Law, MÖHUK, Art. 47(1)), so a defendant relying on the clause has to object. An arbitration agreement must be in writing (International Arbitration Law No. 4686, Art. 4). If one side sues anyway, the other may raise an arbitration objection, and if it is accepted the court dismisses the case on procedural grounds (Art. 5). Asking a court for an injunction or attachment does not breach the arbitration agreement (Art. 6), and Articles 5 and 6 apply even where the seat of arbitration is outside Türkiye (Art. 1).
Interim Relief: Injunctions, Attachment and Evidence
A preliminary injunction (ihtiyati tedbir) protects the subject of the dispute: the court may order that an asset be kept in custody or handed to a custodian, or that a party do or not do something (HMK Art. 391(1)). A precautionary attachment (ihtiyati haciz) secures a money claim by attaching the debtor’s movable and immovable property, receivables and other rights, including assets held by third parties (İİK Art. 257).
| Point | Preliminary injunction (ihtiyati tedbir) | Precautionary attachment (ihtiyati haciz) |
|---|---|---|
| Legal basis | HMK Articles 389–399 | İİK Articles 257–264 |
| Test | Fear that a change in the situation will make obtaining the right much harder or impossible, or that delay will cause serious harm (Art. 389) | Matured money debt not secured by a pledge; a debt not yet due only in the cases listed in Art. 257 |
| Proof | Approximate proof of the case on the merits (Art. 390(3)) | Evidence that satisfies the court of the claim and, where needed, the grounds for attachment (Art. 258) |
| Other side heard? | Not necessarily; in urgent cases the judge may decide without hearing it (Art. 390(2)) | The court is free to hear the parties or not (Art. 258) |
| Security | Required; the court may waive it, giving reasons, if the request rests on an official document or other conclusive evidence (Art. 392(1)) | Required; not required where the claim rests on a court judgment (Art. 259) |
| Deadline after the order | Request enforcement within one week of the order being announced or served (Art. 393(1)); if granted before a lawsuit, file the main case within two weeks of requesting enforcement (Art. 397(1)) | If obtained before a lawsuit or enforcement, start enforcement or sue within seven days of the attachment, or of service of the attachment record if it was carried out in the creditor’s absence (Art. 264) |
| Effect of mandatory mediation | The filing periods in HMK Art. 397(1) and İİK Art. 264(1) do not run from the application to the mediation office until the final record is drawn up (HUAK Art. 18/A(16)) | |
Neither Article 392 HMK nor Article 259 İİK fixes a percentage for security; an injunction order states the amount and type of security to be given (HMK Art. 391(2)(ç)), and a party whose injunction proves unjustified must compensate the resulting loss (HMK Art. 399(1)). Evidence at risk of being lost is protected by a separate tool, evidence preservation (delil tespiti), available where there is a legal interest (HMK Art. 400).
Deadlines That Matter After Filing
The defendant has two weeks from service of the claim to file a defence, extendable once by up to one month on a request made within those two weeks (HMK Art. 127), or by up to two weeks under the simplified procedure (HMK Art. 317). A defendant that files nothing in time is deemed to have denied all the facts in the claim (HMK Art. 128). Final first-instance judgments can be appealed (istinaf) to the regional court of appeal within two weeks of service (HMK Art. 345), and appealable final decisions of that court can be taken further on points of law (temyiz) within two weeks of service (HMK Art. 361(1)). Both routes have monetary thresholds that are revalued every calendar year (HMK Additional Art. 1).
Limitation keeps running in the background. Unless the law provides otherwise, a claim is time-barred after ten years (Code of Obligations, TBK, Art. 146); five years applies to, among others, periodic payments such as rent and interest, claims between partners arising from a partnership agreement, and claims under mandate, commission and agency contracts (TBK Art. 147). These periods cannot be changed by contract (TBK Art. 148), and a judge does not apply limitation unless the debtor raises it (TBK Art. 161). While mandatory mediation is under way, limitation is suspended and preclusive periods do not run (HUAK Art. 18/A(15)).
Common questions about this topic
Can a foreign company file a lawsuit in Turkey without a Turkish address?
Yes. It can sue through a lawyer registered with a Turkish bar acting under a power of attorney, and in matters conducted through an attorney, notifications are served on that attorney (Notification Law No. 7201, Art. 11). A foreign claimant must provide the security the court sets for litigation and enforcement costs and the other side’s possible loss (MÖHUK Art. 48(1)), unless the court exempts it on the basis of reciprocity (Art. 48(2)); treaty provisions binding Türkiye are reserved (Art. 1(2)).
Is mediation mandatory before filing a commercial lawsuit in Turkey?
For commercial cases about a sum of money, yes, including actions for annulment of an objection, negative declaration and restitution (TTK Art. 5/A(1)). The mediator has six weeks from appointment, plus up to two more weeks where necessary (Art. 5/A(2)). The requirement does not apply where the parties have agreed to arbitrate (HUAK Art. 18/A(18)).
How long does commercial litigation take in Turkish courts?
No statute fixes the overall length of a commercial lawsuit, and this guide gives no estimate: it depends on the court, the evidence, any expert reports and whether the judgment is appealed. What the law does fix are the parties’ own deadlines, and they are short: two weeks for the defence (HMK Art. 127) and two weeks for each appeal (Arts. 345 and 361).
Can Turkish courts enforce a foreign jurisdiction clause?
Yes, within limits. The choice of a foreign court must be provable by written evidence and is not possible where territorial jurisdiction is exclusive (MÖHUK Art. 47(1)). A Turkish court still hears the case if the foreign court declines jurisdiction or the defendant raises no jurisdiction objection in Türkiye, and Turkish jurisdiction over individual employment, consumer and insurance disputes cannot be excluded by agreement (Art. 47(2)).
What interim measures are available to protect foreign investors?
A preliminary injunction under HMK Articles 389–399, a precautionary attachment under İİK Articles 257–264 and, for evidence, evidence preservation under HMK Article 400. Security is normally required, but the law fixes no percentage: for an injunction the court may waive it, giving reasons (HMK Art. 392(1)), and none is required for an attachment based on a court judgment (İİK Art. 259).
Do I need a Turkish lawyer to litigate in Turkey?
Not by law: anyone with capacity to sue may file and pursue their own case (Attorneyship Law No. 1136, Art. 35(3)). Representing another person’s or a company’s rights in court, however, is reserved to lawyers registered with a bar (Art. 35(1)). Turkish is the court’s language: foreign-language documents must be filed with a translation (HMK Art. 223), and witnesses who do not speak Turkish are heard through an interpreter (HMK Art. 263).
This guide is general information on Turkish law, not legal advice on your own matter. Rules and practice change; check the position before you act.