In order for a foreign judgment or an arbitral award to be
enforced in Turkey, certain enforcement procedures must be
executed. Even though the procedure itself seems to be straight
forward, applicants need to overcome some hurdles before gaining
enforceability. In this article, the ins-and-outs of the
enforcement procedure will be explained in the form of answers to
frequently asked questions.
Q: Can a judgment/award rendered in a foreign forum be
automatically enforced in Turkey?
A: It is not possible for either foreign
judgments or arbitral awards rendered in foreign jurisdictions to
be automatically enforced and executed in Turkey. To achieve this,
the applicant must go through an enforcement procedure in the form
of a court action as described in art. 50-63 of the Code of
International Private and Procedural Law no. 5718. It must be
stated though that the procedures stipulated for the enforcement of
foreign judgments and awards are different.
