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Enforcing a foreign arbitral award in Turkey is not an automatic process. Even if the parties have settled their dispute abroad through arbitration, the award must still be reviewed and approved by Turkish courts before it can be executed within the country. This judicial oversight, grounded in the principle of national sovereignty, ensures compliance with public order, due process, and Turkish procedural law. Without this review, enforcement could result in violations of rights or inconsistencies with domestic legal standards.
For international investors, companies, and individuals, understanding this process is essential. The Turkish legal framework sets out detailed conditions and procedures for enforcement, primarily under the Law on Private International and Procedural Law (Law No. 5718) and the 1958 New York Convention to which Turkey is a party. These instruments outline the substantive and procedural framework determining when a foreign arbitral award can be granted binding effect in Turkey.
Legal Framework
Turkey has been a party to the New York Convention since 1992. By acceding to the Convention, Turkey committed to recognizing and enforcing arbitral awards rendered in other contracting states, based on reciprocity. The Convention provides a uniform international framework that limits the grounds on which national courts may refuse enforcement, thus promoting predictability and investor confidence.
Law No. 5718 complements this international regime by regulating the domestic procedure for recognition and enforcement applications. It specifies which courts are competent, the required documentation, and procedural requirements. Together, the Convention and Law No. 5718 create a coherent structure for enforcing foreign arbitral awards in Turkey, balancing respect for international arbitration with the protection of national legal principles.
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Conditions for the Recognition and Enforcement of Foreign Arbitral Awards in Turkey
The recognition and enforcement of foreign arbitral awards in Turkey are governed by both the 1958 New York Convention and Law No. 5718 on Private International and Procedural Law. Together, they establish the main legal framework and procedural requirements that must be satisfied before an arbitral award can be enforced within Turkey.
Under the New York Convention, Turkey enforces arbitral awards rendered in countries that are also parties to the Convention, applying the principle of reciprocity. The Convention applies only to commercial disputes, meaning awards arising from trade, business, or commercial contracts are enforceable under Turkish law, while non-commercial disputes such as family or administrative matters are excluded.
Applicants must also ensure that the award has become final and binding in the country where it was rendered. Turkish courts will not enforce awards that are still subject to appeal or lack enforceability under the governing arbitration rules. Additionally, the award and arbitration agreement must be submitted with certified Turkish translations, since untranslated documents are not accepted by Turkish courts.
Enforcement may be refused if certain legal deficiencies exist—such as the absence of a valid arbitration agreement, a violation of Turkish public order, or procedural irregularities that deprived a party of its right to defense. However, when these formalities are properly satisfied, foreign arbitral awards are generally recognized and enforced in Turkey without major difficulty.
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How to Enforce Foreign Arbitral Awards in Turkey
Foreign arbitral awards—whether issued by ad hoc tribunals or institutional centers such as the ICC or LCIA—must be recognized and enforced through Turkish courts under Law No. 5718 on Private International and Procedural Law.
To begin the process, the applicant files a lawsuit before the competent Civil Court of First Instance, submitting the arbitration agreement or contract, a certified copy of the award, proof of its finality, and certified Turkish translations of all documents. Originals are not required; notarized copies are sufficient. All filings must be in Turkish, and translation errors are among the most common causes of delay.
After reviewing the application, the court may grant full or partial enforcement, or reject it. Once approved, the arbitral award carries the same legal force as a domestic judgment and can be executed through Turkish enforcement offices. Recognition and enforcement follow the same legal procedure, and decisions may be appealed before higher courts.
For more information on enforcing foreign court judgments, see our related article: How to Enforce Foreign Judgments in Turkey?
Timeframe and Costs of Enforcement
The average timeframe for recognition and enforcement of a foreign arbitral award in Turkey is around twelve months, depending on court workload, the debtor's objections, and whether appeals are filed. Well-prepared applications with accurate translations tend to progress faster.
As for costs, Turkish courts traditionally applied a fixed fee for enforcement proceedings, reasoning that such cases merely declare enforceability without adjudicating the merits.
However, in a landmark 2025 Constitutional Court decision, the Court ruled that proportionate court fees (calculated based on the award's monetary value) are constitutionally valid. This ruling emphasized that proportional fees do not violate the right to property or access to justice under the Turkish Constitution.
Applicants should therefore expect proportionate court fees, alongside expenses for certified translations, notarizations, and legal representation. Working with a qualified arbitration enforcement lawyer in Turkey helps manage these costs efficiently and ensures procedural compliance.
Common Challenges and Practical Tips
While Turkey provides a clear and investor-friendly enforcement regime, applicants frequently encounter procedural challenges that can delay proceedings.
The most common issues include:
- Submitting incomplete or uncertified translations,
- Filing before the award becomes final,
- Failing to establish reciprocity,
- Improper service of documents under Turkish law,
- Attempting to enforce awards contrary to public order.
To prevent these setbacks:
- Verify reciprocity and jurisdiction before filing,
- Ensure all documentation and translations comply with Law No. 5718 and the New York Convention,
- Confirm that the arbitral award has become final and binding, and
- Work with an experienced Turkish arbitration lawyer to prepare and monitor all procedural steps.
Following these best practices significantly increases the chances of successful and timely enforcement.
Conclusion
The enforcement of foreign arbitral awards in Turkey is governed by the New York Convention (1958) and Law No. 5718 on Private International and Procedural Law, which allow awards rendered abroad to take effect locally once all legal and procedural conditions are met. As the process requires steps such as verifying reciprocity, preparing certified translations, and filing before Turkish courts, representation by a licensed Turkish lawyer is essential. Paldımoğlu Law Firm assists foreign investors and companies in enforcing arbitral awards efficiently and in full compliance with Turkish law.
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This publication is a summarized version of the full guide available on Paldimoglu Law Firm Turkey's website.
Read the full article: Enforcement of Foreign Arbitral Awards in Turkey – Full Legal Guide
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
