Enforcing Foreign Arbitral Awards in Turkey 2026

Enforcing foreign arbitral awards in Turkey is a critical procedural step for multinational corporations, cross-border investors, and high-net-worth individuals seeking to recover assets or compel compliance within Turkish jurisdiction. Turkey is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and Articles 60–63 of Law No. 5718 set out the Turkish procedure for foreign awards — yet the execution demands careful planning and close attention to the documents and objections the court will examine.

For C-level executives and foreign investors who have already prevailed in international arbitration — whether through ICC, LCIA, ISTAC, or ad hoc proceedings — the enforcement phase in Turkey represents the final and often most consequential stage of dispute resolution. Missteps at this juncture can result in delays, procedural dismissals, or the debtor's dissipation of assets. This guide examines the legal architecture of arbitral award enforcement in Turkey as of 2026, the court fees and procedure involved, and the points to settle before filing.

Key Takeaways: Enforcing Arbitral Awards in Turkey

• Foreign arbitral awards are enforced under Articles 60–63 of Law No. 5718 (IPPL) and, where it applies, the 1958 New York Convention, which Turkey applies only to awards made in another contracting state and to disputes considered commercial under Turkish law.

• The application goes to the court of first instance (asliye mahkemesi) the parties agreed in writing; failing that, the court of the losing party's domicile in Turkey, then of its residence, then of the place where assets available for execution are located (IPPL Article 60(2)).

• The petition is served on the other side with the hearing date and examined under the simple procedure (basit yargılama usulü); Law No. 5718 sets no time limit for the decision (Articles 55 and 61(2)).

• Court fees are charged under the Fees Law (Law No. 492); where the proportional decision fee applies, the tariff rate is 68.31 per mille of the value, one quarter of which is paid in advance (Article 28(a)).

• The court does not re-decide the dispute: Article 62 of Law No. 5718 lists the grounds on which enforcement is refused, and a different view on the merits is not one of them.

Legal Framework for Enforcing Foreign Arbitral Awards in Turkey

The New York Convention and Turkish Reservations

Turkey acceded to the New York Convention on 2 July 1992, and the Convention entered into force for Turkey on 30 September 1992 (UNCITRAL status table). Domestically, Articles 60–63 of Law No. 5718 (International Private and Procedural Law) govern the enforcement of foreign arbitral awards, and Article 1(2) of that Law preserves the provisions of international conventions to which Turkey is a party. Law No. 4686 (International Arbitration Law) is a different statute: it governs international arbitrations seated in Turkey (Article 1). Turkey made both declarations the Convention allows in its Article I(3), and every foreign investor should understand them before initiating enforcement proceedings.

First, the reciprocity reservation: Turkey applies the Convention only to awards made in the territory of another contracting state. UNCITRAL's status table lists 172 parties, so counsel must verify the seat of arbitration. An award made in a non-contracting state falls outside the Convention but can still be brought under Articles 60–63 of Law No. 5718, which contain no reciprocity condition. Second, the commercial reservation: Turkey applies the Convention only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under Turkish law.

Governing Legislation: IPPL Articles 60–63

The procedural mechanics of enforcement are governed by Articles 60 through 63 of the International Private and Procedural Law (Law No. 5718). Article 60 allows enforcement of foreign arbitral awards that are final and enforceable or binding on the parties, and names the competent court. Article 61 lists the documents and applies Articles 55–57 (procedure, decision, execution and appeal) by analogy. Article 62 sets out the grounds on which enforcement is refused — closely following Article V of the New York Convention — and places the burden of proving grounds (ç) to (h) on the party resisting enforcement. Article 63 subjects recognition to the same rules.

Importantly, the enforcement court does not rehear the dispute. Under Article 55(2), applied through Article 61(2), the respondent may object only that the conditions for enforcement are missing or that the award has been performed or can no longer be performed; the refusal grounds themselves are those listed in Article 62.

Step-by-Step Enforcement Procedure in Turkey

Step 1: Identify the Competent Court

Under Article 60(2) of Law No. 5718, the application is filed with the court of first instance (asliye mahkemesi) of the place the parties agreed in writing. Without such an agreement, the court of the place where the party against whom the award was rendered is domiciled in Turkey has jurisdiction; if there is none, the court of its residence; and if there is none either, the court of the place where assets that can be subject to execution are located. The Ankara–Istanbul–Izmir fallback in Article 51 applies to foreign court judgments, not to arbitral awards.

Step 2: Prepare and Authenticate Documentation

Article 61(1) requires the original or a duly certified copy of the arbitration agreement or clause, the original or a duly certified copy of the award (final and enforceable, or binding on the parties), and translated, duly certified copies of both, with copies for each opposing party. In practice the documents are authenticated by an apostille or consular legalization (depending on whether the issuing country is a party to the Hague Apostille Convention), and a Turkish attorney acting for the applicant needs a power of attorney.

Step 3: File the Enforcement Application

The application is made by petition (Article 60(2)). Under Article 55(1), applied by Article 61(2), the petition is served on the respondent together with the hearing date, and the court examines the request under the simple procedure (basit yargılama usulü). Court fees are charged under the Fees Law (Law No. 492): where the proportional decision fee applies, the tariff rate is 68.31 per mille of the value and one quarter is paid in advance (Article 28(a)).

Step 4: Court Hearing and Decision

The court examines the refusal grounds in Article 62 of Law No. 5718: no arbitration agreement or clause; an award contrary to public morals or public order; a dispute that cannot be settled by arbitration under Turkish law; a party not duly represented before the arbitrators that has not later expressly accepted the steps taken; a party not duly notified of the appointment of the arbitrators or deprived of the opportunity to present its case; an invalid arbitration agreement; an appointment of arbitrators or a procedure contrary to the parties' agreement or, failing one, the law of the country where the award was made; an award beyond the scope of the agreement (as to that part); and an award that is not final, enforceable or binding, or has been set aside where it was made. The party resisting enforcement bears the burden of proving grounds (ç) to (h) (Article 62(2)). If no refusal ground is established, the court issues an enforcement decision (tenfiz kararı), and under Article 57(1), applied by Article 61(2), the award is then executed like a Turkish court judgment.

Step 5: Execute the Award

Appeals against the enforcement decision follow the general rules, and Article 57(2) provides that an appeal (temyiz) suspends execution. Once the decision can be executed, the award holder may initiate execution proceedings through the Turkish enforcement offices (icra daireleri) under the Enforcement and Bankruptcy Law (Law No. 2004). This stage involves the seizure of assets, garnishment of bank accounts, or other compulsory measures available under Turkish execution law.

Common questions about recognition and enforcement in Turkey

Can I enforce an ICC arbitral award in Turkey?

Yes. An ICC award made outside Turkey is a foreign arbitral award and is enforced through the procedure in IPPL Articles 60–63, unless a refusal ground in Article 62 applies. What matters is where the award was made, not the institution: under Article I(1) of the New York Convention, the Convention covers awards made in the territory of a state other than the one where enforcement is sought, and Turkey applies it only to awards made in another contracting state and to disputes considered commercial under Turkish law.

What are the grounds for refusing enforcement in Turkey?

The grounds are listed in Article 62 of Law No. 5718 and closely follow Article V of the New York Convention: no valid arbitration agreement, lack of proper notice or of an opportunity to present one's case, improper representation, an award beyond the scope of the submission, an irregular appointment of the arbitrators or procedure, an award not yet final or binding or set aside where it was made, a dispute not arbitrable under Turkish law, and conflict with public order or public morals.

How long does enforcement take in Turkey?

Law No. 5718 does not set a time limit for the decision. The petition is served with a hearing date and examined under the simple procedure (Article 55(1), applied by Article 61(2)); how long it takes depends on the court, the respondent's objections and any appeal, and under Article 57(2) an appeal (temyiz) suspends execution.

What court fees are required for enforcement?

Court fees are charged under the Fees Law (Law No. 492). Where the proportional decision fee applies, the tariff rate is 68.31 per mille of the value; one quarter is paid in advance and the rest within one month of service of the decision (Article 28(a)), and the court orders litigation costs against the losing party (Code of Civil Procedure Article 326). Additional costs include translation fees and apostille or legalization charges.

Can I freeze the debtor's assets before the enforcement decision?

Turkish law provides two court-ordered tools. Conservatory attachment (ihtiyati haciz) under Article 257 of the Enforcement and Bankruptcy Law is available to the creditor of a due money debt not secured by a pledge; for a debt not yet due, only where the debtor has no fixed domicile or is hiding or moving assets to escape its obligations. The creditor must produce evidence that satisfies the court of the claim and, where required, the grounds for attachment (Article 258). An interim injunction (ihtiyati tedbir) under Article 389 of the Code of Civil Procedure requires a concern that a change in the current situation will make obtaining the right much harder or impossible, or that delay will cause harm or serious damage.

Are ISTAC arbitral awards treated differently?

The seat decides this, not the institution. An ISTAC (Istanbul Arbitration Centre) award made in an arbitration seated in Turkey is not a foreign award: it falls under the Code of Civil Procedure (Articles 407–444) if the dispute has no foreign element, or under the International Arbitration Law No. 4686 if it has one, and in both cases it can be challenged only by an annulment action (HMK Article 439(1); Law No. 4686 Article 15(A)). An ISTAC award made in an arbitration seated abroad is a foreign award and follows Articles 60–63 of Law No. 5718.

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.